Reasonable adjustments for sickness in pregnancy

[karmakameleon]

Obviously I know that you can't sack someone for being sick when pregnant but what happens when they won't accept any reasonable adjustments to their role?

My situation is that my nanny is complaining about nausea (but not actual vomiting) and doesn't want to come to work. I'm happy to allow her to have duvet days and I'll sort out meals if the thought/smell of food triggers it but she's still reluctant to come in. However, she doesn't want to sign off sick long term, which would allow me to find a regular replacement, but instead chooses day by day if she's coming in. We've had five different people looking after the kids in the last couple of weeks and it's just not manageable.

I should also say that she's not been with us long and I don't know for sure that she's pregnant but have suspicions. I'm not sure if I should just call it a day now or wait and see what happens. I'm keen to do the right thing by her but my first priority has to be my children and their care is certainly suffering.

She can only self certify for 5 days, after that she needs to be signed off by gp.

Even if the days aren't concurrent? If she got a doctors note and said she wouldn't be back for a decent length of time (and stuck to it) it would be much easier for me but she's playing it day by day.

Has she actually said this is pregnancy related or she is pregnant or us this your assumption?

No it's just an assumption. She hasn't announced a pregnancy.

No the 5 days have to be consecutive. Do you have an absence policy in your contract? You need to be careful not to discriminate if she is pg.

If she has not told you she is PG, then the specific pregnancy-related employment protections do not apply.

So until she does, this is ordinary sick leave. What do you have in employment agreement about this?

You need to incorporate the [https://en.wikipedia.org/wiki/Bradford_Factor Bradford Factor] into your contract and start disciplinary proceedings if this continues without explanation.

Link fail Bradford Factor

If she hasn't informed you that she's pregnant then the discrimination rules don't apply and you can treat her exactly as you would a male employee who is mucking you around. If she has been with you less than 2 years you can dismiss without giving a reason.

Possibly too harsh I realise but at the moment you are only guessing she might be pregnant. She might just be a massive malingerer.

Thanks, I know I can sack her with no reason as she's not been with us long but I guess I'm trying to be kind. Im happy to make reasonable adjustments but just need her to come to work. My worry is that if I say that she needs to accept reasonable adjustments or else I'll have to give notice, she'll turn around and say but she's pregnant and its pregnancy related and then I'm not sure where I'll stand.

Reasonable adjustment technically apply in pregnancy, so you don't need to make any, although as a good employer, you would want to do what you could to help your employee.

Sorry to sound harsh but you might be best to deal with this immediately and just let her go. It clearly isn't working out for you and your kids. The whole point of having a nanny is presumably to help you work - not to be rushing around sorting out messy cover arrangements.

You can sack a pregnant employee, so I would not overly worry about that. Should you be in the position of doing that though, it would be wise to have a chat to your employment law advisers. Do you have access to employment law help via your nanny payroll service?

At the moment they have not given you for MAT B1 so they are not pregnant. Deal with the repeated failure to turn up to work and the late notice. You may find the ACAS Managing Absence pages useful.

I'm happy to allow her to have duvet days and I'll sort out meals if the thought/smell of food triggers

That sounds great. Feeling sick but not actually being sick is not a reason not to go in to work.

Repeated failings to arrive at work at the appropriate time can result in her dismissal. You may even still be in a probationary period, so could terminate the contract quite quickly, often a week.

Talk to her. Explain that not coming in to work is difficult for you and will ultimately lead to her dismissal if it continues. Follow disciplinary procedure in your contract, such as Give a Written Warning. ACAS: Discipline

If/once they tell you they are pregnant, then you should record any pregnancy related sickness absence separately from any other sickness absence.

It is difficult in this situation but if you follow the disciplinary procedure and can prove poor performance due to a reason unrelated to pregnancy then dismissal would be possible.

You could also look at ending things under a probation clause, or redundancy. You should seek advice if your nanny tells you that they are pregnant. ACAS are a good source of information as is Maternity Action plus your nanny payroll providers legal support.

You are happy for her to work and have a fairy quiet day, so surely she would take that up as then she gets full pay, rather than no pay, or SSP if she qualifies.

I think (and am happy to be corrected) that if OP suspects pregnancy, she needs to tread carefully because at a tribunal, you could be sure that the question would be posed as to whether she was 'aware' of a pregnancy.

Thanks to everyone for their help. I've had a think and to be honest feel so let down by her that she probably needs to go. I'm past the point of duvet days etc as it just doesn't feel like she has the right attitude.

Sounds sensible. Based on what you've said it sounds like you have been very patient. Best to deal with this ASAP if you have to.

If you do want to sack her then you need to do it before and pregnancy is announced or even discussed.