Pregnant and unsafe work - asked to leave?

[Amanduh]

I work for a huge company and do a couple of night shifts a week whilst dc is little, fits well around home and dh so took it on for some extra cash. The role is quite intense, involves a lot of heavy lifting, long periods of standing, laying on the floor, awkward positions, out on my own in warehouses in the dark etc. It isn’t actually on paper a manual job, however you wouldn’t be able to do the role without the additional manual tasks. As I work nights I am the only one in my department who is there at that time, no management or coworkers in my department, and there is just a night skeleton staff. So - I am pregnant. They have carried out a risk assessment and found significant risks so I cannot do the role whilst pregnant.
They cannot offer me any other work on a night shift, as there are no other non manual roles I can do at night and they can’t modify my role to remove the risks as there would be nothing left to do. They can offer me work in the week for half the hours I do, doing the day shifts (which I can’t do as I have dc at home) and are saying if I can’t accept this alternative offer then I will need to leave my job and hand in my notice.
From what I can research and read, this isn’t correct is it? If they offer me an alternative role, I only have to accept if it is the same hours and pay, is that right?
What happens next?!

If there is work you can safely to during the day can't you do that at night instead and they get someone to do your role either at night with you there too or during the day?

I think they should suspend you on full pay on medical grounds.

My understanding is that you cannot be treated less favourably than a non pregnant employee and the employer must make reasonable adaptation. They are not required to invent a job that doesn’t exist and they do have a duty of care towards you.
You need individual advice from your union, if you belong or consult a solicitor but since they’ve offered an alternative and your current role cannot be made safe then they may be able to sack you.Its a common misconception that you can’t take action or sack someone who is pregnant. You would need to prove to a tribunal that they had not dismissed you because you were pregnant but because you couldn’t do the job as required. Would they sack a non pregnant person who couldn’t do the job?

Cherry that's literally pregnancy discrimination. The only reason they are trying to get rid of her is because she is pregnant. Of course they can't legally sack her for the reason given in the OP

I believe the correct answer if no other options are available is to suspend on full pay.

You would need to prove to a tribunal that they had not dismissed you because you were pregnant but because you couldn’t do the job as required. Would they sack a non pregnant person who couldn’t do the job?

But it is direct discrimination; she can’t do the job simply and only because she is pregnant. I’m almost certain that they’re supposed to suspend you on full pay if enough amendments can’t be made, but I’m sure someone more knowledgeable will come along soon.

Thanks for all the replies. From everything I’m reading, they have to offer me an alternative role on similar hours/pay and if not suspend me on full pay on medical/maternity grounds. @CherryPavlova I literally only cannot do the job because they deem it unsafe when pregnant, pretty sure they can’t sack me because I can’t do what they deem as unsafe actions whilst pregnant.

@RoomR0613 the day work they have offered can only be done when the company is open, so can’t be done on the night shift as they are closed x

I think proper advice is needed.

If they can’t make adjustments to your job to make it safe for you they have to offer you alternative duties. If they literally have nothing at all you can do, they have to suspend you on full pay on health and safety grounds. They absolutely cannot sack you, please don’t listen to that advice!

The law requires reasonable adaptation only as far as I’m aware. Get advice.

If you’re not sure, don’t give advice. HTH

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

Yep, and completely opposite hours and less pay isn’t counted as a reasonable adaption from what I can understand. Can’t get a union meeting until Friday but am all booked in.

Thank you @flowery

Cherry you don't know what you're talking about. Reasonable adjustments apply to disabilities and the last time I looked pregnancy was not a disability!

Pp is right. If they cant remove the risks or offer alternative work it's suspension on full pay.

Talk to maternity action OP

Give over Cherry you seem to be completely mixing up pregnancy and disability.

They have offered alternative work though. The fact that OP doesn't want to do them because she looks after her children during the day is not an issue for the company.

Does your contract say that your hours could be changed or does it state the exact hours you are working?

A tribunal would need to consider whether the offer of day hours constituted reasonable adjustment, taking into account the terms of your contract, any policies they hold, the level of responsibility and pay of your role etc... I don't think it is clear cut one way or the other.

"They have offered alternative work though. The fact that OP doesn't want to do them because she looks after her children during the day is not an issue for the company."

They have to offer 'suitable alternative' work. Opposite hours requiring childcare and less pay isn't 'suitable alternative' by any stretch of the imagination.