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Query maternity discrimination.

9 replies

ikilledtheprinter · 17/07/2017 21:29

Apologies in advance for the novel. Although this reads like a work of fiction I can assure you it is very real.

background
Currently working in a school as a 1-1 TA
To say the HT hates me is an understatement. She really doesnt like me. This has been picked up on by other members of staff.

Back in July last year the ht recruited someone into my post that I was currently doing before I had a chance to leave/resign/have the post reassigned. I was told after the person being recruited into my post acepted the job that I would be moving to a new role.

This was effectively being sidelined and I have spent the year being the departmental dogsbody. Although I have a supposed role on paper what I will actually be doing on a day-day basis bears little resemblance to this and my tasks change on a daily basis. Its been a hell of a year.

Theres more to this that I havent posted but effectively the union are aware of her activities and are keeping 'tabs' on her.

Status quo

I'm now pregnant. 18 weeks to be precise. And I have severe SPD. As in I am using crutches in work but at home for longer distances I am now using a wheelchair. This isnt the first time I have had SPD either. The first time around I was a full-time wheelchair user by 25 weeks and come 37 weeks I was no longer able to weight bear.

One of the hallmarks of SPD is that it gets worse as the day goes on. By the morning I may be able to walk (although I have the classic SPD gait already) however by the evening standing isnt happening. The HT only gets to see the 'better' bits of the SPD and not the bits like me being totally unable to bath my child as I am unable to lift them in and out of the bath. She wrote in an occupational health form last time that 'I find it hard to believe xxxxxxx's SPD is as bad as she is saying it is'

I was signed off at 21 weeks last time around

Current list of people I am seeing:

Midwife
Maternity mental health team
Physiotherapy
Hydrotherapy
Consultant
GP
Obstetric pain management team
High risk clinic

Issues

I work with reception children. One of the children I work with has form for attacking staff randomly and unpredictabily. I am unable to move out of his way fast enough should the child begin to throw objects e.g. chairs like they are known to do. I am expected to work in small groups with this child on my own

Although I have a 'light duties' note detailing exactly what I shouldnt be doing (no running, jumping, twisting, lifting anything heavier than a newspaper, sitting on the floor.....) the HT expects that I play a full and active part in reception life and has made no concessions in accordance with it

I have a physiotherapy report detailing that I need (not want) a chair with arms on it so I can use the arms to help get myself out of the chair. A suitable chair has been identified and I have offered to cover the cost of this chair myself (Its a height adjustable office chair ffs). However over the summer 2016, the reception classrooms were redecorated in a 'neutral' theme with all furniture being wooden and from one supplier. The HT has refused my request for a chair as she is saying it is not a reasonable adjustment as it does not fit in with the aesthetics of the classroom

I am expected to join in with floor-based classroom activities. In a recent lesson observation I was 'marked down' for sitting on a childs wooden chair behind the circle of children and was told that I was no longer allowed to do this

She has refused to write me a pregnancy risk assessment as 'You are only a part-timer' and consequently I dont need one. What isnt helping is that there is currently another member of staff in the department who is also pregnant and is having a model pregnancy, therefore the HT keeps on saying that xxxxxx doesnt have a risk assessment and doesnt need special chairs e.t.c
Ive managed to find a copy of the risk assessment on the council website and have filled it in truthfully using my notes. effectively the scoring magtric the council uses suggests that the job poses an unacceptable risk to me and I should be moved to a different job. I've sent the HT this together with corroborating evidence and she has refused to acknowledge it.

Finbally, and good luck to you if you've managed to get this far as I've already written further up in the post I am seeing a fair few people. Luckily the main hospital is fairly close to work- a 15 min walk if I was able to walk that far that is. I am trying my very best to arrange the appointments for the beginning/end of the day and am using my days off to attend most of the appointments. I have had 1 appointment last week that meant I needed to leave at 3.15 as opposed to 3.30

Today I got a letter through the post saying that I was no longer entitled to take any time off for maternity appointments any more and that any further request would be automatically denied. With a photocopy of the part time working policy (which is a joke in itself) with a paragraph highlighted saying that appointments in working hours for part-time staff should be arranged to non-working hours wherever possible. I was under the impression that maternity appointments were classed an an exemption

I've already emailed the union about this whole issue, however am I right in thinking that this is beginning to smack of maternity discrimination and potentially also constructive dismissal?

OP posts:
ikilledtheprinter · 17/07/2017 21:31

magtric= matrix

OP posts:
ButtMuncher · 17/07/2017 21:37

I have no advice re: maternity appointments but I believe everyone is required by law to have a pregnancy risk assessment conducted if needs be. In your case especially so considering your prior history.

It seems you and the HT have a lot of prior issues dating back before this pregnancy which may be effecting the way they are treating you now. A union representative should be able to establish your rights going forward but it sounds like a very difficult position to be in.

Thankyouforthemusic · 17/07/2017 21:39

You need to see an employment lawyer and take advice about putting in a grievance. If you can't continue under this awful stress, get signed off sick. Poor you

ginswinger · 17/07/2017 21:42

It sounds as though you are doing all of the right things, contacting the union and keeping notes. It does have all the hall marks of constructive dismissal. I am sure the union will be able to advise you better but I would take this further. You may want to take this to court or speak to HR and ask them how you can 'make this go away' (IYSWIM)

FWIW, I had a similar situation which meant I had a pretty miserable pregnancy and maternity leave. My request to try and meet in the middle was met with a settlement offer. I took it and life is much better.

BuffyFan · 17/07/2017 21:44

Yes I think you need to speak to an employment lawyer. What you've described sounds completely unreasonable from the HT.

DollyLlama · 17/07/2017 21:45

You poor thing this sounds dreadful!

I work part time and by law an entitled to take time out for maternity appointments, part time / full time it doesn't matter. It's the law.

I personally would get yourself signed off and contact an employment lawyer. You have done everything right and it sounds like this is a personal issue your HT has with you. The stress is not good for you and you need to remove yourself from the situation. Good luck x

watchingitallagain · 17/07/2017 21:54

Yep- it's discrimination. As others have said, get your GP to sign you off.

I suffered with horrific SPD in my first pregnancy and was later diagnosed with Transient Osteoporosis of Pregnancy. Your symptoms and wheelchair use sound very similar to mine. My work were also shit with me and took every opportunity to be awkward. When I tried to come back after my maternity leave they were clear I wasn't welcome. I spoke to an Employment Lawyer- that's easier said than done, they're like gold dust- and we eventually agreed a very favourable compromise agreement. Don't let the bastards get away with treating you shoddily and breaking the law.

eurochick · 17/07/2017 22:07

Your union should be all over this. It's appalling!

namechangedforthisreply · 21/07/2017 22:25

No advice but I hope the Union have made some progress?

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