Could I have a claim against my employer?

[Billieknt1]

I told my employer I was pregnant when I was just 8 weeks, throughout the whole of my pregnancy i wasnt given not one risk assessment. Now, i work in a store not a particulary dangerous environment however towards the end of my pregnancy i became very anemic and crippled with SPD. During my pregnancy Several people left, I then was having to help cover their shifts and do very long shifts on my feet rather than my usual job on my checkout because of the lack of staff. As a result I was sent home on several occasions for fainting in the middle of the store, which you can imagine is very embarrassing. I'd expressed to my sectionleader that it was causing me too much pain to continually run about on my feet for long hours to be told it was tough because no one else was trained to do the job, I then went to my manager because my logic was If she done my risk assessment she could arrange that someone else on my shift could undergo the 5 minutes training and swap roles with me so I could do my usual job for the last few weeks. Several times I was told "remind me on next week and we will get it sorted". It never did. Now I've been on maternity leave for 3 months nearly and I've finally had a letter to say I'd been rejected statutory pay from work Because I did not earn enough. This has angered me because not only have they took so long to decide this despite having my MatB1 since 29 weeks, I would have earned more than enough if I wasn't continually sent home from work sick. I'm now having to apply for maternity allowance from the DWP. I've gone 3 months with no wage who knows how much longer, I'm behind on my rent and in arrears with all my debts. Not a situation I wanted to be in with two toddlers and a newborn. My partner thinks I should make a claim against my employer but would I have a case?

I would look at their procedural failures, but I am sure someone else will be along with more detailed information.
Having an employee who is just about to go on maternity leave I know that as an employer you have to respond to the MATB1 within 28 days of receipt to advise that they are not eligible for maternity pay and that as an employer you need to provide an SMP1 stating why the employee is not entitled to SMP.

You would always need to show that you have tried to resolve it with your employer first.

You can call ACAS and they can advise you.

They have had my MatB1 since I was 29 weeks, i left at 36 weeks, my son is now 4 weeks I haven't been paid anything and my SMP1 only came through the door a few days ago, admin had kept telling me to check my bank because she was trying to sort it and she'd put an emergency payment in. I had no idea I wasn't entitled to the statutory pay because I didn't realise being sent home on pregnancy related illnesses would go against me for earning the minimum amount.

There was never anything in writing, everytime I spoke to my manager she kept telling to catch her later, she hadn't even realised I was on my maternity when she'd seen me in doing my shopping she was useless and didn't go through a thing with me, I basically left with permission from my section leader and was told admin would sort my pay out in time for the next pay day

Suing a company is much more than sending them a letter applyongvto court and then showing up to tell you unfairly you've been treated and that you therefore deserve a compensation.

Employment cases are complex, very time consuming and require some very good understanding of legislation. Putting a case together is very hard work yet the rate of success very low.

You will need to evidence not that the company treated you unfairly but unlawfully which is very different. Even if they'd done a risk assessment it doesn't mean the outcome should have been not doing the tasks requested. How could you prove that had you done the other job you definitely had not fainted, for instance as you got up to go to the toilet and sent home just the same?

I understand your frustration finding out you were not entitled to their maternity benefit but that doesn't forcibly justify taking them to court.

Billie I would suggest you write to your employer factually and politely with chronological details of what happened. Talk about it in terms of " I wish to highlight my concerns about .... x y z".

Summarise any info relating to your pg, the lack of risk assessment, the protracted delays, any lack of action you experienced from them etc. Refer to any company policy you believe they committed to, but did not complied with.

Avoid at all costs any specific criticise of individuals, don't mention people's names. You can get round this by stating in the passive, eg "on xx March 2018, I was informed that xyz would be done, but it didn't happen".

Include a calculation of £value you were expecting. You are effectively stating it's a loss due to their inaction/negligence (but don't state it in those terms, of course - you need to stop short of a direct accusation.).
Write the letter as if you've taken advice from a solicitor. They could think you have!

This is exactly what you would have to do in preparation for a Tribunal Claim, to evidence how you highlighted your concerns.

Your letter is likely to trigger some response from them in terms of their justification. It may not be the answer you want to hear but in forcing them to state their position, it will indicate if they will tough it out.

Sending them a well written letter is far better investment of your energy that going through a Tribunal process with no real prospect of coming away with any financial gain (but significant costs!)

any specific criticism of individuals

The law states that they must have a risk assessment that includes a section on women of child bearing age. There isn't a need to do individual risk assessment ts unless specific risks are identified. Did you request a risk assessment? Did you raise concerns about any risks?

You could raise a grievance. Did you have a specific hours contract or is it a zero hours. Did you get sick pay when you were sent home?

Do you work for Asda? “Section leader” is a term I recognise.

It does sound you have been treated poorly, a grievance would be the first step. Call your companies head office ER dept for further advice. Are you in a union?

I’m not sure you have a case to be honest.

It isn’t your employers fault that you didn’t earn enough to qualify for SMP.

To succeed in a claim for pregnancy discrimination, you have to show unfavourable treatment because of your pregnancy or an illness in connection with it. I suppose not arranging cover could fall into that category. But if it happened more than three months ago, you’re out of time to bring a claim now anyway - the limitation period is three months.

It isn’t your employers fault that you didn’t earn enough to qualify for SMP

It may be if her time off was caused by their failure to carry out a risk assessment resulting in them failing to make appropriate adjustments.

I second daisychain01's proposed course of action.