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Pregnancy discrimination?

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  • Pregnancy discrimination?

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    MumsnetTo feel like this is discrimination?55

    Yesterday 14:02Hulahulahoo

    I've been on furlough since March. I received a telephone call yesterday asking me to return to work on Monday full time as they are very busy and are now struggling and need people back. I was really really happy about this.

    Back in June, we were all asked to take leave in July so we wouldn't all be taking it at the end of the year. If we were on furlough, we would just be paid full time for these days. It just so happens that the dates I selected were next week.

    I am currently 10 weeks pregnant and have a hospital appointment booked for next week when I was due to be on annual leave (but was furloughed anyway) and the hospital also asked me to take two days off after this as I'm having a procedure done for which I am required to have bed rest for two days after.

    When I was asked to come back I said yes absolutely however stated I wouldn't be able to cancel the annual leave I had booked for 3 days next week due to the appointment. I told them why and that I was pregnant.

    I have a history of some fertility issues which work are aware of and so I thought it best to just be honest with them about the reason I'm unable to just cancel this leave next week which I would have done ordinarily.

    Work seemed fine and congratulated me.

    Fast forward to today, I have received a telephone call this morning advising that following a 'risk assessment' they aren't allowed to have me back in the office due to the government guidance and also don't want me to work from home (which I was doing before furlough) because they think it will be too stressful for me being pregnant and so they are keeping me on furlough.

    A colleague I've spoken to about it has told me they are getting someone in from another office now to cover what I would have been doing had I gone back as they'd asked me to.

    I'm feeling really upset about this. I am not stressed, I'm not currently off sick with stress, I've not suggested I am stressed, I have been a bit stressed in the past yes but not about work and right now I am fine, I don't have a GP note or anything suggesting I cannot work.

    I feel like they have found out I'm pregnant and decided it's too much hassle and so would rather get an 'non pregnant' employee back again.

    I thought I was doing the right thing letting them know the truth about why I needed to be off next week and couldn't re arrange, I just wanted to be open and honest but tbh I wish I hadn't now as it's like I've shot myself in the foot.

    They have said they will review it in a number of weeks and I need to go back on furlough for the foreseeable until they decide what to do.

    I feel like I'm being punished for being pregnant essentially. I am now having to sit at home on 80% of my salary simply because I'm pregnant whilst someone else comes and does my job which I'm willing to do because they have unilaterally decided it would be too stressful for me.

    I have already, as have my colleagues, worked from home doing this job prior to being furloughed so I know that it can be done however they are saying I would find that too stressful and so can't WFH so will have to go back on furlough. It is my understanding that the legalisation states that they are either to make the office safe, if they can't then they should offer me an alternative i.e. working from home OR suspend me on full pay?
    Tags: None

  • #2
    My understanding isÂ*If they can’t make your job safe for you in work and can’t alter your working conditions, which given the situation would be for you to continue to work at home as you have been doing, or find an alternative for you, then section 16(3) of the Management of Health and Safety at Work Regulations 1999 says that your employer must suspend you on full pay, in accordance with section 67 and 68 of the Employment Rights Act 1996. This is called a suspension on maternity grounds.

    So if their risk assessment has said they cannot have you work in the office and they are now saying you cannot continue to work from home then they can suspend you on maternity grounds but at full pay. This legislation has, as far as I am aware, not been affected by other initiatives provided by the government in dealing with COVID. Your employer may be able to take advantage of the furlough scheme, (theyÂ* need should check the circumstances but that is for them to do) however they will need to make that up to 100%.

    Â*
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