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Can they make me change my job?

3 replies

hockeymum · 08/11/2005 15:05

Hi, Since DD was born I have worked for Morrisons in various departments under a continuous contract of 16 hours. Just before getting pregnant this time around (now 16 weeks) I moved to the Customer Service Dept which although standing I really enjoy. I have just had 6 weeks off work with hyperemesis and plan to go back on Monday. I need to work my 16 hours for the next 9 weeks to qualify for SMP. I've been told today however that I have to go to work on the tills rather than the Customer Service Desk because they cant provide cover for the desk if I am off sick again but there are more of us on the tills so its not a problem. The thing is I hate the tills with a passion. I have not been able to shop in a supermarket since 6 weeks when I threw up all over Asda with hyperemesis as the look of food makes me so ill. I know that if I go back to work and end up on the tills the sickness will just get worse and I'll end up off work ill and not be able to work enough hours to get my SMP.

Can they make me change departments and does anyone have any recommendations about what I should do?

OP posts:
hockeymum · 09/11/2005 08:19

bump - I really don't want to end up on the tills.

OP posts:
zippitippitoes · 09/11/2005 08:24

it depends on your contract and i suspect that it will say assistant duties as rewquired or words to that effect

rickshaw · 09/11/2005 12:52

You need to check your contract - if you are contractually entitled to work in the Customer Services Department then they can't transfer you without your consent. But if, as Zippi said, your role is vague, it's more tricky because your employer has a general contractual right to transfer you. But you could still try to challenge this particular transfer at this point. You could explain that working on the tills will make you sick and that you see it as a disadvantage to you because you're pregnant. This should trigger warning bells around health & safety and discrimination legislation. If they still insist, I would ask for a "risk assessment" to be done. If the assessment confirms that there's a risk of serious sickness, then your employer cannot expose you to this risk. Plus you may be able to argue that you're being disadvantaged/discriminated against on grounds of pregnancy (though this would be messy).
It'll certainly help if you can re-assure them that you are unlikely to be ill again.

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