Treated unfairly... again? AIBU?

[user1498582366]

Hi all,

To cut a long story short, I’m on maternity leave and am going through the employment tribunal process due to being suspended out the blue when 6 months pregnant because I couldn’t run around heavily pregnant. Ridiculous I know.

It’s been a long and stressful 9 months since. I wasn’t invited to the works Christmas do and I haven’t received my yearly £25 amazon gift card that every worker gets every year in December. To me, they continue to treat me unfairly. Or are they within their rights?

I saw my colleagues enjoying the night out after seeing all their posts on fb. It reminded me that I hadn’t received my usual Christmas gift card. I’m not too bothered about the £25 gift card but the fact they are treating me unfairly.

I don’t know if it’s unlawful or within their rights.

”am going through the employment tribunal process due to being suspended out the blue when 6 months pregnant because I couldn’t run around heavily pregnant. Ridiculous I know.”

Not necessarily ridiculous. If a risk assessment identifies that your normal duties aren’t safe, your employer should find alternative duties, or if these aren’t available they should suspend you on full pay on health and safety grounds. Is that what happened?

Having said that, yes if everyone gets a gift card you shouldn’t be excluded, and you shouldn’t be excluded from the Christmas do either, so you should complain about those.

Thank you.

Risk assessments were always identified as no risk. Manager just decided that he wasn’t happy having a pregnant worker in the workplace in case I fell over or harmed myself and said he had heard horror stories and wasn’t sleeping well at night knowing he was responsible for me. I was suspended without pay. My pregnancy was fine and had no issues and I was fit to work. Had no days off sick etc.

Speak to your solicitor x

said he had heard horror stories and wasn’t sleeping well at night knowing he was responsible for me

Is that what he told you, OP? Honestly, he needs to do better than that.

As an employer, he has an obligation to all his staff, including women who become pg during their employment with him. Telling you he can't sleep nights because of you, and giving that as his reason for discrimination, which also included excluding you from benefits other employees enjoy etc is obfuscation and quite frankly, pathetic.

If the risk assessment result was no risk but you were having to "run around" - what did that mean. Was your workload excessive?

daisychain01 - that’s what he told me! And has admitted it but denies discrimination. It’s care work and nights and the home is very quiet and nothing too strenuous. He suspended me because he wanted a pregnant worker off the team as he had heard about businesses (in general) being sued when pregnant workers were harmed. E.g, slippery floor, injured pregnant worker, sued for thousands. It really is that pathetic. I’m not exadurating.

I was fighting the decision for weeks, was finally allowed back to work but had to perform a different role. Climbing ladders! Argued that this was unsuitable alternative duties and they then suspended me on full pay. Eventually.

Has been a very stressful situation and will continue to be until the tribunal date.

Obviously haven’t been kept up to date with anything at work, invited to attend mandatory training, invited to the works Christmas do or given my yearly bonus/Christmas gift which I’ve had every year I have been there.

Making you have to climb ladders is inappropriate, and inconsistent if there is concern you could have an accident at work. Your suspension from work means you are being excluded from workplace activities and training which puts you at a disadvantage compared to your colleagues. It's a mess, isn't it.

Have your employers made any attempt to discuss your Tribunal action with you yet? That would give you a sign as to whether they believe discrimination has taken place (even if your boss didn't admit anything to begin with, they may have no alternative but to concede so your case doesn't get to court.)

How long had you been working there?

Daisychain01 - it really is a mess and exactly my thoughts. It’s one big, horrible mess. I loved my job and the place too which dosent help.

GhostSauce - 2.5 years

Not entirely the same but with a previous employer, they allowed vaping in the office. I’m an asthmatic and was pregnant, and after several months the PG in the vape really got to my chest, my dr gave me a letter to say that I couldn’t be around the vape at all because the chemicals in it were harmful to me and baby O, they moved me in to the warehouse and changed my job role from the head of a department to a mere social media exec - the warehouse was freezing because products were constantly being transported in to vans.

Anything just so they didn’t have to stop vaping in a damn office that should be illegal as it is.

Eventually I got fired because I couldn’t perform my duties because I couldn’t attend meetings because they were in vape filled rooms. It seemed absolutely ridiculous but these companies exist.

I was mocked and excluded from events “because there WILL be vape, we aren’t going to stop vaping.” How stupid.