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Pregnancy, risk assesment and the law....

8 replies

Poshpaws · 27/09/2004 18:41

Hi all

To cut a long story short, I am about 6 weeks pregnant, started my new job today for a new employer.
Was going to keep quiet about it until the 3 month scan. However, today I was told that as our photocopier is ancient(and I mean ancient...I work for a charitable organisation) a risk assesment was done on it and pregnant women should not use it under any circumstances whereas non-pregnant people can use it but only with gloves!!!???

Needless to say, i am really worried now. Should I risk it for the next 6-7 weeks (which I really do not want to do) or should I tell my new employer and risk a backlash.
Does anyone have any idea about employment law when it comes to being pg and starting a brand new job? Can they sack me or discriminate against me in anyway?

Thanks

OP posts:
Poshpaws · 27/09/2004 18:43

Forgot to say that I found out I was pregnant after I had accepted the job and had already handed in my notice for my last.

OP posts:
littlemissbossy · 27/09/2004 18:47

They can NOT sack you or discriminate against you in anyway because you are pregnant, this would be unlawful sex discrimination. If I were you I would contact ACAS who offer a free confidential advice service for employees or employers, have a look at their website for further info www.acas.co.uk.
HTH

ScummyMummy · 27/09/2004 18:54

Oh poshpaws- what a dilemma. Poor you. I think you have to say something tbh, though I really wouldn't want to either- just imagine how you'd feel if it did affect the bub's health in years to come, though. I'm pretty sure they can't sack you or actively discriminate- sis is a genius on this sort of thing, perhaps she'll post later- but I can imagine that there might be an atmosphere. Would it be worth streching the truth a bit and saying that there is a very slight possibility you could be pregnant and you don't want to take the risk just in case?

ScummyMummy · 27/09/2004 18:59

stretching, that is! Though, as you didn't know you were pregnant I don't see why you should have to stretch the truth anyway. Even if you had known and informed them they should still have appointed you if you were the best, which you obviously were. Hope they're a nice bunch who will accept your pregnancy with equinamity and be pleased for you. Will you go back after the bub is born, do you think?

Tinker · 27/09/2004 19:01

Agree with everyone else so far but also, don't they have a duty to get rid of it? Know it's a charity but surely they should not have a piece of everyday equipment around which is positively dangerous to staff

whizzz · 27/09/2004 19:55

I would first enquire what the problem/risk is with the photocopier. If its safe to use with gloves (a dubious control - do they specify the type of gloves - woolly, rubber ??!) it sounds like it may be to do with the chemicals inside it. I can't think of any other reason why it may be harmful.
If the problem is the chemicals, I'm pretty sure that just using it to photocopy wouldn't be a problem, someone else can fill it up. They are not allowed to discriminate against you and should carry out separate risk assessments for anyone who is pregnant & make allowances for their condition.
Congratulations anyway ! If you want any further advice - shout up!

sis · 27/09/2004 20:12

Congratulations on the pregnancy and getting a new job Poshpaws!

I am appalled that they have such an unsafe piece of equipment! a very high proportion of women simply do not know they are pregnant until the pregnancy is well under way - not all pregnancies are planned!

Your employment is protected in that your employer cannot sack you for being pregnant but of course, they could try and find another reason to sack you.

When I was pregnant, my immediate boss was not someone who would look kindly on pregnancy so I delibrately told him very early on (about six weeks into the pregnancy) so that if he did try to sack me, I could say it was linked to the pregnancy as he knew about it - whereas, if he had suspected that I was pregnant and sacked me, I would have been less well protected by the law as it would be hard to link the dismissal to the pregnancy.

I have to say that in your position, I would have to say something even if it means being deeply apologetic and saying sorry but there is a tiny possibility you may be pregnant and you didn't mention anything as you wanted to show them that you are good at your job and a very hard worker before telling them about the pregnancy. Of course, you are really sorry about the timing and actually feel a bit foolish etc...Hopefully, they will then feel obliged to be extra nice to you as you were so apologetic and sincere.

Let us know how it goes.

Thanks for flattery scummymummy!

Poshpaws · 28/09/2004 07:53

Very supportive comments. Thankyou.

I think I shall tell them today. I agree about the 'dodgy' equipment. So much so that I actually asked them if they had plans to get a new one. They said it was not in their business plan and that they had got it for free so could not really complain.

I shall do the grovelly bit and hope they all understand. Luckily I work for a female-centred organisation, so hopefully they will be more 'sisterly' about the whole situation.

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