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Original poster

Demoted because im pregnant???

8 replies

babybritjo · 07/02/2011 15:34

Hi, I work as a manager in a bakery chain and was doing 12-10hrs 5 days a week. i am now 25wks pregnant and have asked my boss if i can reduce my hours as im really starting to struggle especially being on my feet all day.
Was told on thursday that i have had my hours reduced to 7hrs a day and that i would need to move bakeries to fulfill this new role. I agreed as 7hrs is better than nothing. Started at new bakery today and found out that i am no longer a manager as i couldnt fulfill my hours....is this ok for them to do this as not only am i now losing hours, im also being forced to take a huge paycut, all because i was too tired with the pregnancy. HELP!!!

OP posts:
RamblingRosa · 07/02/2011 15:40

No, they can't demote you because you're pregnant. You asked for a change to hours, not a demotion. Are you in a union? Can you contact your rep?

Original poster
babybritjo · 07/02/2011 15:44

Unfortunately no union, have beed in contact with acas, they said i could file a grievance for sexual discrimination. Just waiting to hear back from my boss to confirm thier reason for demotion as i have never had a disciplinary, warning or anything, they infact have always praised my work! Just such a shock. Worse thing is my boss is 35 weeks pregnant and about to go on materity leave!!! Never thought such a thing could happen these days :(

OP posts:
Grevling · 07/02/2011 16:07

Did you agree to move? Did they tell you what the new job would be? Did you sign a new contract?

Original poster
babybritjo · 07/02/2011 16:17

I agreed to move but i thought i was still going to be managing the store. They didnt tell me that my position would be changing, just my hours. I thought they had an assistant manager there that would be sharing hours with me on a shift basis as most of the shops do have. I have never had a written contract from them, not one member of staff has a contract. sounds dodgy but i have contacted human resources advice lines and they say it is no a legal requirement, just common practice and courtesy!!!

OP posts:
flowery · 07/02/2011 16:49

What on earth advice lines have you been ringing? it doesn't have to be a contract as such but everyone is entitled to a written statement of the basic terms and conditions of their employment.

They can't demote you because you are pregnant, however they don't have to agree to a request to reduce hours either. I imagine their response will be exactly that - that they wanted to accommodate your request to reduce hours, however there was no assistant manager role vacant on the hours you wanted.

They should have made clear that the change in hours would mean a temporary demotion though. I imagine they will say your assistant manager post is still yours and available for you to return to.

Did you have a H&S risk assessment in your normal role? You are entitled to this and they should make adjustments to the role if at all possible to enable you to continue if there are risks identified.

Original poster
babybritjo · 07/02/2011 16:59

I phoned ACAS which are the most efficiant HR advice lines!! They said that it is a right to have a contract and that the employer should provide it if asked. but that is a different ongoing matter!
They never carried out a risk assesment although i did request one as my last job was physical and i ended up miscarrying. no idea if it was caused by the physicality of course but it just a precaution. Nothing was ever carried out.
Still trying to get hold of my boss/area manager but everyone is always busy/out of the office.
Fed up :(

OP posts:
flowery · 07/02/2011 17:24

ACAS are notoriously unreliable in terms of accuracy of advice, just so you know, although from your two posts it sounds first as though they told you that a contract was only 'common practice' not a legal requirement, and then as though they did in fact say you are entitled to one.

Anyway. I think you need to put things in writing if you are having trouble getting hold of people. They must conduct a risk assessment particularly in a physical job, and follow any adjustments necessary/practical to enable you to stay in your own job. It may be that if they did that you wouldn't have needed to move in the first place.

Original poster
babybritjo · 07/02/2011 17:51

Thanks for that, i will take there advice lightly then!! What i meant was that ACAS said that they didnt legally have to provide one but if asked then they should give some form of written confirmation of employment rights, responsibilities etc.
I will try the phone again tomorrow but if no luck i will write.
Thanks

OP posts:
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