Working with prisoners while pregnant

[Misswhitman]

Hello, I started a job working in a women's prison (resettlement not officer) 6 weeks ago and discovered I was pregnant the weekend before my start date. I informed them on my first day and they seemed to take it well. A week later while on a houseblock surrounded by prisoners I nearly fainted. My boss told me to go to the doctor and they informed me I have low blood pressure and could be at risk from fainting. They advised no prisoner contact in a note. Since this point it has been implied that there is not enough for me to do in my role without seeing prisoners and that there would not be a position for me if I took my doctors advice. They have proposed I see prisoners in the library where there are other members of staff around. I still do not feel comfortable as there are no alarms in the area. I'm wondering if I'm being the one who is unreasonable but having worked in prisons for 5 years I've never known a woman be made to work with prisoners while pregnant.

I worked in a medium secure mental health unit, so similar risk levels to prison. As soon as a woman got pregnant she was redeployed to an administrator role, or worked in the security office handing out keys / radios, so had no patient contact. There must be a similar thing you can do surely?

You've got to get to talk to a union rep that understand prisons. The POA rep can make representations because his/her members are the ones to have to sort out a drama.

However, someone of at least CM level needs to be raising a concern. If your in the library, is there an activities governor you can speak to?

It will piss your company off, but you can't be put at risk like that.

You're, not your!

It's really going to annoy the company. They're already so hostile towards me, acting like I'm over the top. I just fainted at the station after work today and I feel like the stress is taking its toll. I keep crying and I'm contemplating not going back. I don't know anyone outside of my company and wouldn't know who to ask. I really appreciate the support on here because they've made me feel like I'm being dramatic. It took me 18 months to conceive this baby and I won't put him/her at risk.

Just ask a screw who the activities governor is, or if it's a civvy, the POA rep.

I have to say, if you'd been in any of my jails someone in uniform would be raising it loudly and often.

Nobody wants a tragedy. You see enough of them in jails without it being your colleagues.

"f you can’t agree on any changes, you should
treat the fit note as if it says that your employee
is not fit for work and use it as described
above. Your employee does not need a new fit
note from their doctor to confirm this"

From "Getting the most out of the fit note: guidance for employers and line managers" on gov website

<a class="break-all" href="https://www.google.co.uk/url?sa=t&source=web&rct=j&url=www.gov.uk/government/uploads/system/uploads/attachment_data/file/578032/fit-note-guidance-for-employers-and-line-managers.pdf&ved=0ahUKEwib1ZOCnbTWAhXOKFAKHcwsBs0QFgheMAY&usg=AFQjCNG0fpW45UeIjihq-vVwX3Be8w-V2Q" rel="nofollow" target="_blank">www.google.co.uk/url?sa=t&source=web&rct=j&url=www.gov.uk/government/uploads/system/uploads/attachment_data/file/578032/fit-note-guidance-for-employers-and-line-managers.pdf&ved=0ahUKEwib1ZOCnbTWAhXOKFAKHcwsBs0QFgheMAY&usg=AFQjCNG0fpW45UeIjihq-vVwX3Be8w-V2Q

You already have a notice that you can't see prisoners from your GP
In your shoes I would tell your employer this, that you can't work with prisoners on medical advice, they can either redeploy you or you are on sick leave. If they disagree they can organise a specialist occupational health assessment.

Please don't carry on doing something you think unsafe to not upset your employer. They have a duty of care towards you that they are ignoring.

If you are seeing women with a history of violence and mental health problems who have lost their own children, I think being visibly pregnant and in a small space together with little means of calling help is a big problem. Your employer needs to adapt your job

Thank you to those who gave more detail about pregnant women working with prisoners and why this is a risk, that's helpful.

I'm puzzled though - nothing people are saying seems to be specific to pregnant women with low blood pressure? Just pregnant women regardless of any medical conditions additional to the pregnancy?

In which case surely the OP's fitness for work is not the issue? Unless the blood pressure issue is pertinent, it's the role which is not safe, it's not that the OP isn't fit for the role?

If that's the case, sickness absence is irrelevant. The employer needs to do a risk assessment, and make adjustments to the role to make it safe, and if they are unable to do so, redeploy the OP to somewhere which is safe. If they have literally no way of making her role safe and no other work they can give her, they need to put her on fully paid leave. Not sick leave.

flowery you are right
Just found this on government web page on pregnancy rights

"Where there are risks, the employer should take reasonable steps to remove them, eg by offering the employee different work or changing their hours.

The employer should suspend the employee on full pay if they can’t remove any risks, eg by offering suitable alternative work.

For full details about the regulations see the Health and Safety Executive website.
Pregnant employees who think they’re at risk but their employer disagrees should talk to their health and safety or trade union representative. If your employer still refuses to do anything, talk to your doctor or contact the Health and Safety Executive."

I think that at the moment though the employer hasn't performed a risk assessment and may not agree that there is a risk.
The op's Fit Note gives her the right to be on Sick leave currently, even if her employer disagrees and thinks that she should be working fully.
If her employer (or occupational health) assesses that there is a risk related to pregnancy then she is either on amended duties or suspended on full pay, nothing to do with being sick.
The sick leave is a temporary solution as her employer isn't acknowledging the issue yet.

They've done a risk assessment and said that the changes they've made are reasonable I.e. That I don't have to go on houseblocks and can see them in the library. I wasn't asked if I deemed it reasonable just told that the alternative was that there is no alternative. It was basically implied I would have no job.

They can't imply that you will be sacked if you don't agree....Someone can't be sacked for essentially being pregnant...that's illegal.

They win, I'm giving notice.

I'm so sorry. Union?

OP you’ve had some great advice here so I’m sorry to hear you are resigning.

Wishing you a safe & enjoyable pregnancy

Thank you to everyone. They assigned me a caseload this morning without having discussed it with me and without having provided me with the personal alarm equipment they assured me they would get. All on the day my sick note expired, a sick note they told me it would not be necessary to review as they would make the necessary amendments. So now I will be job hunting at 4 months pregnant!

Have you already given notice? Would your GP be willing to sign you off sick to give you some breathing room? I'm not normally a fan of people advising that someone get signed off, but the concerns you've called out are very valid.

I'm going to see the doctor on Monday afternoon anyway. I haven't given notice yet. I think it would be beneficial to wait and see what she says before I do anything. I think she's quite keen to sign me off but I don't know how I feel about that.

If you can't get your company to see sense then make an appointment to see the head of function and if necessary they can escalate to a governor. They are responsible for what happens in their prison and if a provider is delivering services which place a risk to the establishment they should intervene. However you will need to be proactive about it and if necessary remind them of this.

Don't give notice!

Have you had a pregnancy risk assessment? Your manager should do it, ideally with your involvement. Then the process is as flowery outlined above.

If they don't do this I would think that they are in the area of a discrimination claim (from you). On the other hand if you give notice you could then claim automatic unfair dismissal but you need to have tried to assert your right to a pregnancy risk assessment in the first place I believe - but I'd think you'd get more sympathy from a tribunal if you try to work it out before resigning. Not a lawyer but read lots about this for a friend in a similar position.

I've been given a risk assessment. They said they're going to put me in the library accompanied by another member of my team who will be carrying out her own assessments. I fail to see how this will keep me safe but they didn't ask me they told me. I don't understand how they can force me to have prisoner contact when it's been pretty much unheard of by all of my friends who work in different establishments. They said to me when I first mentioned that I was comfortable that they have a caseworker employed by the prison (it's a private jail) who is still having contact at 8 months pregnant so they don't see what my issue is. It just seems like it's the culture in this prison that people still work with prisoners while pregnant. I don't know if it's because it's female prisoners (including TACT and restricted status) or because it's a private company.

*wasnt comfortable

Did you have input into your risk assessment? If so did they listen and respond to your concerns?

I had an input but I was pretty gaslighted into agreeing to contact as they made me feel like I wouldn't have a job otherwise.

My daughter is a prison officer ( not a gov prison one of the privately run ones) .
She told me just the other day that she is dreading being moved off the wings as soon as she gets pregnant because that is the policy ( and admin is boring ). She is in a mens prison and i agree that they are less likely to assault a female officer than female prisoners.
Yanbu in your requests !

They've implied that if I kick up a fuss they don't know if there's a position for me and I think if I challenged that they'd force me into working in head office in central London which they know is impossible for me to get to.

Tbh they simply can't do that, but they may give it a try in the hope that you don't know your rights. If you PM me I could help a bit more?