RE: Pregnancy problems at work

Alison Clare Hickman — Thu, 21 Dec 2017 19:18:47 GMT

Hiya,

firstly, many congratulations on your lovely news! A baby! A bibi! A little bean! How wonderful!!

Secondly, hopefully u are aware of the relevant legislation and have politely alerted your bosses to it... e.g.

http://www.hse.gov.uk/mothers/

https://www.gov.uk/working-when-pregnant-your-rights

There is provision within the law that an employer cannot change the terms and conditions of your employment contract without agreement – otherwise they're in breach of contract. So, if you are entitled to a 40 hour week and your employer forces you without your agreement to work 20 hpw, they are in breach of contract.

Sick leave. (non pregnancy related) is treated the same as before you notified you were pregnant. Pregnancy-related sick leave is treated totally differently though.

https://www.workingfamilies.org.uk/articles/your-rights-if-you-are-ill-during-pregnancy-or-after-maternity-leave/

https://www.citizensadvice.org.uk/work/rights-at-work/sick-pay/getting-sick-pay-when-youre-pregnant/

Now to the nitty gritty – the text message. Sometimes the written word, (without facial expressions or inflexion or emphasis to assist with interpretation of the message) misrepresents what the author intends. We might read it differently to how it was meant. Have you asked the author to clarify exactly what was meant by their message? It could be they did indeed fire off a totally inappropriate message and you can give them the chance to apologise and repair the damage. It could be they genuinely didn't mean to be offensive or difficult and you can give them the opportunity to apologise for inadvertently upsetting a colleague in a delicate (and very much legally protected) condition... the key issue here is ASK!

I do find that a direct, respectful and honest communication of circumstance has always served me well. In your circumstance, “did you really mean...?” or “I am not sure I understand exactly what you meant here. I got upset initially I read this as I thought.... But I decided to check in case I misunderstood!” Or similar...

So, my advice, if you wish to take it is, a triple barrelled approach...

Ask about the text message
Politely make your employer fully aware about the H&S aspects that are their legal requirement to you during your pregnancy (and on return to work if you are a nursing mother!). I might ask for a sit down informal meeting at this stage to discuss the areas of concern you have. Ask for the meeting as a matter of urgency and high importance. If they cannot arrange/agree to it same day or within, say 3 days, of your request then lodge a formal complaint (check your contract or handbook for grievance procedures). After all, accidents do and will happen so it's very sensible to attend immediately to your concerns - no time like the present to prevent (or reduce) risks...Furthermore, if they cannot reasonably address any identified H&S issues (hazards) and cannot offer you suitable alternative work, then it might mean they need to grant you (fully paid) leave from work!

3. Politely alert your employer to the law relating to sick leave, pregnancy-related sick leave and the (all encompassing) existing employment contract protection you have and to which they must comply (and not erode to suit their mood, need or convenience).

Be brave, ask the questions but don't stress yourself silly about it. If that's going to happen, get a buddy to help you or act as your proxy.

Let us know how you go on. Wishes for a happy time for you and your little bean.

Xxx Ali h