What should I expect legally form my employers while I'm pregnant?

[VickyLou]

Hi All,
This is the first time I have posted on here, and I was looking for a bit of advice, please.

I am 15 weeks pregnant and verbally told my employer when I was 6 weeks gone. Since then I have been waiting for my risk assessment to take place! It wasn't until the end of last week that I found out that I have to give them Formal Notice of my pregnancy in a letter. So I typed up a letter and gave it to my Boss (Who is lovely, btw, all my collegues are) and I put on the end of the letter, 'I look forward to working with you to complete my risk assessment', just to give them a little push. The reason I seem so desperate to have my risk assessment is because I have may issues that I wanted to bring up within my risk assessment.

It now looks like the risk assessment may not happen, because although the company I work for are really good they can be very slow about comleting formal things. (it took them 5 and a half months for them to give me a copy of my contract of employment, lol!!)

My main problem being that I'm not sure how to broach the subjects of my issues or if indeed my issues have any leagal standing.
My main issue being my workload which was difficult enough before I was pregnant,often having to work through my unpaid lunch and comming in early and staying late, to complete. (I am the only person in the whole office who does my job, so if anything gets left over it is only up to me to do it) I get no cover for holidays and sick days ect. Now I am pregnant what with the extreme tiredness (I didn't know the tiredness woul be this bad) I am physically unable to cover all my work and I am having extra work pilled up on me all the time, I tell them that I cant do this extra work but I am not being listened to.

the other issue is, all be it a bit petty, my chair is the my uncomfortable and horrible chair ever, I was ok with it before the pregnancy, but I am feeling it even more so now. My back only ever hurts when I am sat on this chair, I only ever feel sore and slow in getting up form sitting, and have aching legs after sitting in this chair. There are no other free ones in the office and I have tried dropping hints, but to no avail.

I am legaly alowd to ask them to rectify these problems without doing so in the risk assessment, which looks like it's not gonna happen.

So sorry for the long explanation and thank you for taking the time to read and reply to this.

contact your HR department and demand your risk assessment - i had to because i often worked early starts so was on my own in the building.
Also, look at tiger.gov.uk for an explanation of your rights during this time. Also Equal Opps commission
Good luck - the extreme tiredness does start to lift!

Hiya Talormama,
Thank you for replying to my message, I appreciate your advice.

We dont really have a HR department as I work for a small transport business, and the person who generally does all our hr suff is the part owner, and he is a really nice guy but I dont feel like I can talk to him re this. I'll give it a go though.

I'll also have a look on the websites that you recommended.

thank you again for your advice.

Hi VickLou,

Sorry to hear that you are feeling uncomfortable and tired at work. I've copied some relevant info from the DTI website for you and also links to the Health and Safety Executive.

Basically you need to open a dialogue on this with your employer and suggest some reasonable adjustments, i.e. how much would it cost to purchase a new chair,would a special back support help. You need to take regular breaks and walk about (no skipping your lunch break). It is better for your employer to have you well and comfortable at work than for you to be too unwell/uncomfortable/stressed to attend work. It is amazing how pregnancy takes it's toll on you physically (men of course may not understand this).

I hope this is useful

Key Facts (DTI website)

Employers are required to protect the health and safety at work of all employees, including new and expectant mothers and mothers who are breastfeeding.

The Management of Health and Safety at Work Regulations 1999 require employers to assess risks to their employees, including new and expectant mothers, and to do what is reasonably practicable to control those risks.

To meet their legal obligations employers are required to carry out a specific risk assessment paying particular attention to risks that could affect the health and safety of the new or expectant mother or her child. Once the employer has been informed by the employee that she is pregnant, recently given birth or is breastfeeding, the risk assessment should be carried out.

Some examples of the hazards to consider include working long hours, stress, and violence, exposure to toxic chemicals or pesticides and manual handling.

If the risk assessment identifies any specific risks that cannot be avoided the employer is required to follow a series of steps to ensure that she is not exposed to that risk, such as making changes to the working conditions; hours of work or offer alternative suitable work. If none of these steps are possible this may ultimately result in suspending her from work on full pay to protect her and her un-born child.

There is no statutory right to time off work for breastfeeding. However, employers must provide pregnant and breastfeeding employees with a place to rest and with suitable rest periods.

The Health and Safety Executive provides further health and safety advice and guidance for new and expectant mothers and their employers:

www.hse.gov.uk/mothers/index.htm

Workplace Health Connect provides free practical advice on health and safety matters, including new and expectant workers, for managers and their staff from small and medium enterprises at their advice line on 0845 6096006 or at www.workplacehealthconnect.co.uk

There's also a really good factsheet here

I copied it and gave it to my line manager to 'guide' them in the right direction ... (am 21 weeks)

In fact, all of their factsheets are good - here

Good luck!

Hi All,
Thank you all so much for all of your advice and kind words.

I have had a word with my office manager who is going to bring it up to our HR department, but he has said that there is no reason why I shouldn't get a new chair.

I haven't yet had the courage to speak to him re my workload, probably will still wait until I have my risk assesment (If it ever happens, lol!!)

Again thank you to all of you for all of your advice and for taking the time to reply to me.

Kind Regards
Vicky

I suggest you are more forceful - for the sake of your unborn child as well as yourself. If they are putting you at risk that is a serious problem. I can't understand why anyone wouldn't speak up about this and insist on their employer carrying out an assessment and making adjustments where necessary.

Its just not worth sitting back and saying 'oh well I suppose I will have to wait'. Why carry on suffering?

A decent employer (with any sense) would carry out a risk assessment as soon as they know someone is pregnant. They dont' have to wait until its in writing.

Hi Chocolatekimmy,
I didn't realise that they didn't need it in writing. I told them when I was six weeks pregnant and I am now 15 weeks. Do they have to do a risk assessment even if they believe that there aren't any risks??
I am so confused by it all, I really dont want to rock the boat as I love my job and the working with the people I do. My boss is such a nice person and I have never worked for/with nice people before.

I really dont know what to do for the best, but I suppose that I am gonna have to bring it up with them as they are a little slow at getting the formalities sorted.

I've spoken to my colleauges in my department about all this and they all same the same to go and speak to my boss.

I only gave them the formal letter a week ago and I dont want to seem like I am rushing them, but I give it ago.

Thank you fo replying to me I appreciate it.

Kind Regards
Vicky

It has been said that from a health and safety perspective, employers should consider risks for any woman at work who is of child bearing age based on the fact that they could be pregnant. This is extreme and unworkable in most cases but it is a point. The onus is on the employee to tell the employer and then for them to carry out an immediate risk assessment. If they don't and there is an accident or a detrimental effect on mother or baby then they are liable and could obviously find themselves facing a claim for sex discrimination or personal injury.

Even if they think there aren't any risks, how do they know if they don't go through a proper assessment with you. Stress is an occupational hazard, its not just about if you are lifting heavy boxes or on your feel all day.

You need to insist on a risk assessment, it doesn't matter if the boss is really nice or not - this is about you.

Hi ChocolateKimmy,
I see what you mean, thank you for the advice I'm gonna have a word with my boss tomorrow.

Thank you again for the advice.

Kind Regards
Vicky