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Maternity related work issue

19 replies

blueberrybubblegum · 06/09/2018 00:18

It’s going to be a long one but I’m really hoping someone can help me. Here goes.

I’ve recently found out that I’m pregnant. I’m still quite early on but as I work in a fast paced retail management role which involves a lot of heavy lifting, long hours & 9+ hours a day on your feet I decided to tell my Area Manager early on. I told her in confidence and advised that I didn’t want my direct line manager to know as she’s not discreet in the slightest, can be very unprofessional in how she goes about dealing with things and in general I just didn’t want her to know. I told my Area Manager that the very earliest I would consider telling her would be October. I would be around 18wks by that point and may. It be able to hide it but under no circumstance did I want her to know before. Area manager was great, did risk assessment and everything as per procedure so no problem there.
A couple of days later I get a WhatsApp message from my line manager with a photo of a letter addressed to me with private and confidential on. She tells me it’s arrived with our delivery driver and she’s put it in the office for me. I knew it would be related to the pregnancy risk assessment so I asked one of the supervisors if she could drop it at my home after work so that I didn’t have to open it in front of my line manager. I receive the letter, it’s clearly been ripped open and then attempted to be revealed. I then message my Area manager telling her that someone had obviously open my personal letter and therefore knows something private which I didn’t wish them to know. She also sending photos, she agrees that it’s been opened and that it will be dealt with if we can see who / when it was opened on CCTV. The footage is there, my line manager receives the letter and opens it, she then reads it, goes up to the office and runs her finger over the back to make it look sealed enough and then takes a photo of it which she sent to me. Area manager attends the store the next day and deals with line manager. I would’ve thought it would have been a formal investigation due to the nature of what she has done & although I was happy with how swiftly my Area manager dealt with it I’m disappointed that she basically got a slap on the wrist and was told to apologise to me. This woman does bad things all the time and constantly manages to dodge bullets. I just don’t understand how it wasn’t dealt with in a more formal way. I got the apology, she turned it on herself to answer per usual trying to make me feel bad for the way she acted and trying to make out it was an accident, clearly not it’s on camera to see. She also questioned one of the supervisors on it to see whether I’d told her so obviously that’s someone straight away that she’s told.
Next issue is, at the same time another letter was received. The envelope just said FAO management and our store number. Inside was another risk assessment, with my name and pregnancy all over it. They’ve sent it in the most insecure way possible, not addressed to anyone in particular. It’s there for any of our team leaders, supervisors, store managers or assistant managers to pick up and open. So any member of management in our store. This letter is containing information ie that I’m pregnant and I haven’t told any of the managers at all in our store, literally it was between myself and my Area manager. So the letter obviously was opened, my line manager read that and then throws it to one side in the office. The team leaders and supervisors pick up the letter and read it so now everyone except the staff know. I’m really upset by all this, I didn’t want them to know yet. I’ve only just told my parents and my husbands parents and it’s just not something I’m ready for everyone to know. As said before, I told my Area Manager early in confidence. Whilst she was discreet about it, payroll and HR have not been. I feel upset and disappointed in them and their lack of consideration. I’m devastated that they have sent an envelope without addressing it to myself or the area manager knowing that we are the only two named on the risk assessment therefore the only two people which may know about it. They have sent it out without a second thought on who could get that information. I feel like I need to take this further but I’m not sure how or whether this is likely to be taken seriously.

This is my second child and my first pregnancy I was well and truly screwed over by this company. I went to a solicitor whilst on maternity leave and it was a very good case against them with a lot of evidence of discrimination due to comments relating to childcare etc my main priority at that time was to get back to work so I managed to get a job within a similar company through one of my old area managers and I dropped the case. It wasn’t about the money, it was to me about them learning lessons and me just wanting to get back to work. In hindsight, I now realise that would’ve been a pretty huge payout but that’s not what was important at the time. It was too much stress to deal with and a new baby. I just wanted a job. So eventually I return to this company, I always loved my job. They just let me down with that but I’d just expect that years on processes would be different and it wouldn’t be an issue now.
fast forward to this pregnancy and I decide to join the union (just in case) literally been a membe for about 3 weeks and they’ve done it again, seriously do not learn. I feel so let down by them, I contacted the union but my local rep is on holiday at the moment but the girl dealing with her emails said it certainly sounds like a breach of confidence which I would say so too. They’ve had some confidential information and didn’t treat it as such and may as well have sent a newsletter around everyone.
I need to take this further because I just don’t feel they are trustworthy with any sensitive information. I don’t think they understand or have taken into consideration how important it was that the information remained private and I don’t think they are handling data in an appropriate manner.
Any advice on how to deal with this or any points in general?
I’m scared that if I took it further with the union when the rep is back that it’s going to impact my job and make things awkward with my Area manager etc. I really don’t know how to handle this except stressing out from worrying about it, not sleeping and lots of nail biting which I do when I’m getting stressed because it does concern me a lot.

Thank you for taking the time to read and I appreciate any input, just wanted to cover every point.

OP posts:
Shelley54 · 06/09/2018 07:42

Clearly you’ve got some big concerns about who knows about your pregnancy and when, but in all honesty once you told anyone at work it had the risk everyone at work would know. Especially those in a management role - if your risk assessment had said for example that you shouldn’t be on the tills for a long period, surely managers would need to know this?

As for your line manager opening the letters addressed to you, that’s terrible. But it would be hard to dismiss over this and so what do you want them to do other than tell them off and ask them to apologise to you?

I’m struggling to side with you on it all because I wasn’t in a situation with either of my pregnancies where I wanted to hide it - once I told people I told everyone. I know this influences what I’m saying. But I think you may have expectations of those around you that are unrealistic and pregnancy unlike for example depression is a more public condition - eventually everyone would know you were pregnant so some of this is inevitable.

PolkerrisBeach · 06/09/2018 07:48

TBH I think you're being a bit unreasonable. Whatever your relationship with your line manager, they are the person who are going to have to implement whatever the risk assessment comes up with whether that be no heavy lifting or more frequent breaks.

LeroyJenkins · 06/09/2018 07:51

I think the issue here is not your pregnancy but a breach of your privacy (that happens to be your pregnancy)

If she opened a letter addressed to you, then is that a breach of GDPR? I don't know but logically she has accessed personal data without permission

're your HR letter, if they haven't sealed and addressed to you that could also be a breach? If they were instructed not to tell anyone about your situation then that could be? The letter sent included identifying information about you

Im not an HR expert but I work with GDPR

LeroyJenkins · 06/09/2018 07:55

Just chatted with DH (also not an expert) and he agrees with me, both breaches of GDPR. Second one, if there are changes requires identified by the risk assessment the letter should have been sent sealed and marked private and confidential to your line manager, (I think) after you have been told of the need

Immigrantsong · 06/09/2018 07:59

Definitely a GDRP issue and you need to report them to HR and Union. Acas might have some advice. They sound horrible OP, maybe start looking for work at another place.

SassitudeandSparkle · 06/09/2018 08:08

I agree with the first poster (and I didn't confirm my pregnancy until very late with work tbh!) in that it's difficult to see how your Area Manager could change your day-to-day job tasks without letting your Line Manager know somehow.

The letter sent to the managers about the risk assessment - who should it have been addressed to? It would have been someone that didn't know about your pregnancy I assume, but it seems reasonable of HR to send that risk assessment information to your workplace otherwise how would it have been implemented?

Opening a letter addressed to you does seem a breach, but how do you know what was in the CCTV? Normally, you wouldn't be allowed to see that only the person investigating, surely?

LeroyJenkins · 06/09/2018 09:06

But I think you may have expectations of those around you that are unrealistic and pregnancy unlike for example depression is a more public condition - eventually everyone would know you were pregnant so some of this is inevitable.

If the OP doesnt want people to know X then they shouldnt know X - unless the risk assessment indicates they should.

However I’m still quite early on but as I work in a fast paced retail management role which involves a lot of heavy lifting, long hours & 9+ hours a day on your feet I decided to tell my Area Manager early on. Op will need special consideration, based on this, and should have been told by HR they needed to tell the Line Manager. The letter situation is very different though, the Line Manager should not have opened it, and the letter should have been addressed properly and sealed.

Unihorn · 06/09/2018 09:13

Your area manager conducting the risk assessment would be a bit pointless though surely as they're not there on a day to day basis and can't possibly ensure the RA is being adhered to? I work in restaurant management and my RA was a bit pointless, saying I shouldn't lift, go on ladders, deal with angry guests etc. but it was all a bit impossible to follow anyway.

I'd be annoyed about your manager openng the letter though!

blueberrybubblegum · 06/09/2018 09:14

Thanks for the responses. Just to make it clear, I am the Assistant Manager in our store, I have previously been a Store Manager so we’re seen as sort of the same level just the pay difference. I enjoy my job so that’s never been an issue. My Line Manager does not need to know, she makes and still has made zero adjustments as it’s not necessary however since being told she has put me on some crazy shifts. Longer hours than usual and 7 days straight which I have since changed the rota for. My Line Manager is not good at her job (there’s not really any other way of putting it) she is moved from store to store due to issues she causes wherever she is. The risk assessment basically came down to not doing heavy lifting and taking adequate breaks and that was it. The breaks I could do even if I wasn’t pregnant but I’d always need to clock out. The heavy lifting isn’t necessary so much because really we are meant to delegate tasks to staff so both wouldn’t be an issue. I don’t want anyone to know because the store I’m in is well known as a problem store. There are a lot of issues caused by previous management whereby staff take the piss at every opportunity. I don’t want people knowing until I can no longer hide it because if I’m having an off day, I don’t want them to be aware of it or to even think I could be having a day like that where they can start taking the piss. It’s my decision and it was stated that I didn’t want anyone else to know. I don’t have to tell them until 25wks and my Area manager was happy with that as no one does need to know.

I don’t want her sacked over it but it’s not the first time she has opened someone else’s post and been given a slap on the wrist. If anyone else opened someone else’s mail it would be different and it would be dealt with. She doesn’t care what she has done and just has a don’t give a shit attitude. She started crying on me when she apologised because she can’t have kids and kept saying how upset she was. She doesn’t accept responsible and the apology was insincere. I’ve heard the same line a million times over from her over other issues “all I can do is apologise” it’s not really an apology.

My main issue with it all is the GDPR breach, I said to my Area manager on the phone about it after the apology as she wanted to know how it went. I said to her about the breach as it’s relating to the handling of confidential data and appropriate recording of it etc
My issues are that the letter addressed to me should’ve been sent home as would other similar documents because it’s relating to mat leave dates etc and they would usually send it home. The risk assessment didn’t need to be sent out at all. It had already been completed. My Area manager had a copy. We don’t keep management employee files in store so where were they planning on having that filed away? Literally there was no purpose of sending this information to the store. I told my Area manager it was a GDPR breach, she agreed and she quickly tried to change the subject because she knows how bad it looks for the company. After what has happened previously I don’t feel comfortable that they are dealing with things appropriately. This is a HR and payroll department. They deal with confidential data all the time so why should this be any different?

OP posts:
blueberrybubblegum · 06/09/2018 09:19

Also my area manager was informed because the Store manager was on long term sick at the time and then due to go on weeks of annual leave, she’s currently on annual leave until the end of September. She’s done this in the 1 1/2 wks she’s been back. Passing this information to supervisors due to gossiping. I don’t need them to know. Feeing fine and first pregnancy was fine. I told my staff i was pregnant a week before I went on mat leave last time because they didn’t need to know, this is no different.

OP posts:
Unihorn · 06/09/2018 09:29

If she's in charge of your rota though she would sort of need to know surely?

In terms of the opening of mail, it's illegal and carries a maximum fine of £5000 or 6 months' imprisonment. I can't imagine this is ever enforced but it may be worth reminding your area manager of this.

blueberrybubblegum · 06/09/2018 10:48

She doesn’t need to know even for the rotas. She has everything she does overseen by Munich a Area manager because of what she is like. I’m basically seen as equal to her except for the pay so if any changes need to be made then I can do that anyway. There’s no reason at all that she needed to know.
Also she has been worse with the rota since finding out anyway because she’s just had me on the rota for 7 days straight before my next day off. Fortunately I was able to change it myself without affecting anyone else’s shifts. Also, she told me on Monday to bring the delivery in (the cages are very heavy and the floors are uneven so it’s difficult at the best of times) I didn’t do it as I haven’t for a good couple of months. I delegate to the staff which is what she is meant to do but she is pushing it and so zero adjustments are made now that she does know which has confirmed that I was right in thinking she’d be best not knowing.
I just feel that I can’t drop how HR and Payroll have acted though, it’s not fair that they are freely giving information out without a care in the world and no consideration of their employees rights. I didn’t want anyone else to know. They didn’t know and didn’t need to know and they’ve taken that from me. My store manager and all supervisors know which I didn’t want. I just think they need to learn lessons on this and some kind of formal grievance needs to be put in but I’m not sure how this would work when it’s over a whole department and their processes and procedures.
I let the issue drop 9 yrs ago when I had dealt with the solicitor over my return from Mat leave because the intention was just to get myself back into work which I did (for the rival company) but I let it go for that reason and assumed that they’d learn from that and not put others in a similar position. It seems lessons haven’t been learned and they are just so blasé about pregnancy and maternity rights. It’s hugely sensitive and they can’t seem to grasp that. I don’t want this to not be dealt with.

OP posts:
LeroyJenkins · 06/09/2018 11:32

I am the Assistant Manager in our store, I have previously been a Store Manager so we’re seen as sort of the same level just the pay difference.

I’m basically seen as equal to her except for the pay so if any changes need to be made then I can do that anyway.

but you are not her equal, you are Assistant Mgr and she is your line manager. I think there are issues here with you thinking you are the same as her, no wonder she is pissed off with you

Also she has been worse with the rota since finding out anyway because she’s just had me on the rota for 7 days straight before my next day off. Fortunately I was able to change it myself without affecting anyone else’s shifts. Also, she told me on Monday to bring the delivery in (the cages are very heavy and the floors are uneven so it’s difficult at the best of times) I didn’t do it as I haven’t for a good couple of months. I delegate to the staff which is what she is meant to do but she is pushing it and so zero adjustments are made now that she does know which has confirmed that I was right in thinking she’d be best not knowing.

but if she doesn't officially know, then she doesnt have to make adjustments. You are more protected if you ensure they know

blueberrybubblegum · 06/09/2018 12:18

I don’t want to be the same as her, that’s not the issue. I actually didn’t want to go above supervisor due to being a mum and my daughter comes first before my job. It was kind of put on me to be Assistant Manager because of my experience in the company and the store issues, they wanted strong managers in there. I don’t need to be the store manager to know I’m good at my job so it’s absolutely not the issue. She’s not pissed off with me - I haven’t done anything for her to be pissed off about.
She wasn’t officially made aware of my pregnancy because she doesn’t need to make any adjustments but now she’s being awkward about things. She’s only my Line Manager when you look at the structure of the store. I have to report everything to my Area manager including annual leave requests etc as this is all overseen by her because of previous issues with the store manager and her way of dealing with things. She’s a non issue really. She didn’t need to know is the main point and I didn’t want her to know.

The main problems as said before is that I told my Area Manager something in confidence, she dealt with it appropriately and informed payroll and HR. They sent documents out which were not necessary and not secure. This is a breach of confidence. The documents should only ever have been addressed to myself or my area manager knowing we were the ones named on the risk assessment and that unsecure information they have sent has been seen by people who shouldn’t and don’t need at this stage to know about it.

OP posts:
LeroyJenkins · 06/09/2018 12:56

She wasn’t officially made aware of my pregnancy because she doesn’t need to make any adjustments

So she has set your rota - you have changed it
she asked you to do heavy lifting (protected by your pregnancy) - you have got someone else to do it

you say you dont have a problem with her, or her with you doesnt look like it from here

Yes you have an issue with the HR/Data breach - but if you dont want your Line Manager to give you heavy lifting to do when you are pregnant then you need to tell her.

If HR are aware you are pregnant, they probably have to tell your Line Manager so she doesnt ask you to do things that should be restricted?

What would happen if HR knew, didnt tell her, she asks you to do heavy lifting and something happened to the baby/you - where is the liability?

blueberrybubblegum · 06/09/2018 14:06

But she’s only started asking now that she does know. These tasks are usually delegated so by not telling her about the pregnancy it wouldn’t make any difference. But now she does know she’s trying to be awkward. The rotas I’m authorised to change if necessary anyway. Just to make clear that I don’t go behind her back doing something I shouldn’t. The rota is subject to change to meet the needs of the business or to suit all management sonis fairly flexible in that respect as long as it works out for adequate amount of key holders in at any one time which there always is. We get on, she’s fine she just gets on everyone’s nerves. I’m angry with her over the letter opening the rest I don’t so much care about.
I just want to know really how to go about formally putting in the complaint relating to the HR side of things without making things awkward for myself in work

OP posts:
LeroyJenkins · 06/09/2018 14:29

personally, i think you should stand up for yourself, and put in a formal complaint about the whole thing

yes -it will make things a bit difficult, but this manager should not be a manager at all and should be called out on her awful behaviour

Good luck with whatever you do!

blueberrybubblegum · 06/09/2018 15:40

Thanks for the advice. I’m going to speak to the union rep once she’s back from leave and hopefully can take it from there. I’ve been informed that some of the staff now know as she’s apparently been talking about it quite blatantly on her last day in. I’m just gutted because I know the staff will push their luck if they know I’m not as on it as usual which will make the next few months a lot harder

OP posts:
LeroyJenkins · 06/09/2018 15:51

You'll be fine - your pregnant, not ill

You can do this

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