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Frustrated and stuck

2 replies

m1r14m · 05/07/2021 22:45

Sorry in advance for the long post -

So I work for a home care company going out into the community providing care for the elderly. I have worked there since last year and since I've only been able to take a full weeks holiday due to 'staff shortages'. But even during that week I was constantly harassed to come in to work to help and I was originally scheduled to work the whole week when I had reminded them several times before doing the schedule that I was on annual leave. I am also 30 weeks pregnant and the job itself is getting far too much as I have heart problems and sciatica both of which my employers know about. I've had two risk assessments and it was decided there were specifically two clients I can no longer go to due to the nature of care and too much lifting/handling, all this was passed over to my new manager and I also called my new manager to explain everything to her, ive also put this all in email and text so it can't be missed. Unfortunately due to being so short staffed I'm getting 15-20 extra clients added on every single shift with no toilet break, I'm not allowed to use clients toilets and I have no time to even sit down to eat a sandwich. Ive explained to them that this is too much and I am really beginning to struggle not only with the fact that all these clients overlap but also that I don't even have time to go to the toilet and I am in late pregnancy with sciatica. Two weeks ago I got a text from test and trace saying my 4 year old daughter was a close contact to covid and had to isolate for 10 days, I called my work to explain this and said I would struggle for child care as she was meant to be at her dads for my working weekend but now couldn't go and my manager said 'get her a lateral flow test and if she's negative can you not take her anyway so you can work the next 10 days'. I was so shocked because for one that isn't how to isolate and two she doesn't know the situation between my daughter, me and her dad. Basically they didn't let me isolate with her and I had to arrange for childcare when I should be the one isolating with her. Fast forward the week after and my partner who lives with us started showing symptoms, he was advised to take a covid test and we should all isolate until he got results back, I was meant to work that night so phoned my manager and she said we can't not have you in tonight if you wear PPE you'll be fine. I explained to her I am covering my own back but if she would be happy for me to potentially spread covid then she can take the blame to which she said that it would be fine I wasn't a close contact?🤨 anyway the next day his result came back positive so I forwarded it to my manager and funnily enough she never responded. Anyway since then I have now tested positive on a lateral flow but I was due to come out of isolation on Thursday but now I need to isolate further, I've advised to work I need to wait on the PCR test results coming back before I can return to work and she had the cheek to tell me I need to forward her my results as they're short staffed and actually needed me to work more shifts. On the back of that I asked if they had any further forward on my maternity leave date as I've been waiting months for them to approve my maternity. I asked for two weeks holiday from 16th July up until 1st of august and then from then to be on maternity as I'll be 34 weeks pregnant and she responded saying they're too short staffed to give me the holidays and they aren't confirming my maternity leave yet as again too short staffed. I again explained that I have only had 1 week annual leave since last year and still have 28 days holiday remaining for the rest of the year and that I am physically struggling with the job and I need to come off, again it was read and no reply.

I am absolutely at my wits end with them and they're causing me so much unnecessary stress I don't know where to take it from here. I really want to quit, I defo won't be returning after maternity but if I quit now I won't be paid maternity. I've reported them to the local council but is there anything else I can do? There is so much more issues than this, this is just a few!!

Any advice would be appreciated!

OP posts:
Alpinechalet · 06/07/2021 07:42

I assume you already meet the eligibility requirements for SMP and have put your request for annual leave and mat leave in writing.

Talk to ACAS or Pregnant then Screwed as they are best placed to advise.

  1. As you are past the 15th week before your baby is due your employer must pay all your SMP, even if you resign.
  1. You can start mat leave and SMP up to 11 weeks before your baby is due. Have you thought about asking to start your SMP on 16 July and taking your annual leave after your mat leave?
  1. When did you start and how much annual leave, including BH, have you taken since you started working for them. You must be allowed 28 days, including BH, in each 12 month period.
  1. Write to your employer again confirming dates of mat leave and requesting annual leave/ or revised date of mat leave. As for written confirmation of mat leave (and annual leave) by xx date.
underneaththeash · 06/07/2021 08:45

You only have to give 28 days notice of the date you would like to start your maternity leave. As long as you have done this, you would start your mat leave on the 1st August - they don't have a say in this (although they do when it comes to holiday).

www.gov.uk/employers-maternity-pay-leave/notice-period

They are required to respond to you within 28 days anyway.

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