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Maternity discrimination?

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  • Maternity discrimination?

    Hello,
    As a potted history I became pregnant in August 09. My blood pressue started to rise around Xmas and my employer conducted a risk assessment that removed a lot of work related travel and so the stress. I was put down then to 20 hours from 25. I went on maternity leave in February and my baby was born in May. I returned to work in January 10. My boss said he could not increase my hours above 20 when we met in December, gave me no reason why and has continued to employ the person who covered my maternity leave to do the bits of my job he hasnt given me back.

    My questions are:
    a) Should I have been paid at 25 hours rather 20 hours for the period I worked whilst pregnant after the risk assessment. No one discussed finding anything else for me to do within those 5 hours.
    b) Should my Maternity pay, employers, have been paid at 25 hours not the 20 as the risk assessment was only temporary for the time I was working whilst pregnant surely and I was contracted for 25 hours.
    c) Should my employer have given me back my old job or a role similar with the same terms and conditions as my initial one, does normal and extended mat leave make a difference?
    d) now we're in a redundancy process it looks as though she will keep her job as shes doing the work i was doing and I will go.

    Really dont know what to do!! Please please help and if i can do something which bits of the law do i rely on?
    Tags: None

  • #2
    Re: Maternity discrimination?

    Not my speciality of employment law, but I have dealt with a few of these.


    Risk assessment

    When you tell your employer that you are pregnant your employer should review their risk assessment for your specific work and identify any changes that are necessary to protect you and your unborn baby's health. Your employer should involve you in the process and continue to review the assessment as your pregnancy progresses to see if any adjustments are necessary.
    These risks might be caused by:
    • lifting or carrying heavy loads
    • standing or sitting for long periods
    • exposure to toxic substances
    • long working hours



    Your employer must then either remove the risk or remove you from being exposed to it (for example, by offering you suitable alternative work). If neither of these is possible, your employer should suspend you from work on full pay.



    Have a read of this:

    Working when pregnant : Directgov - Parents

    Comment


    • #3
      Re: Maternity discrimination?

      Hi Casper!
      Cute labrador!
      Thank you for coming back to me : the issue i think is they removed me from the risk which reduced my hours by 5 per week, they didnt offer or talk to me about any work to fill that slot and took my pay down to 20 hours. (I have one of those jobs where 20 hours is actually 40 and we take TOIL but that is by the by) If they have to suspend on full pay then surely i should have been paid for the 25 hours?
      Mum

      Comment


      • #4
        Re: Maternity discrimination?

        Dont want to shift posters away from this site as it gives good advice, but have you also tried asking on mumsnet.

        I know they are good over there too and between the two forums you will get good targeted info.

        http://www.mumsnet.com/jobs

        Regards
        If you think nobody cares if you're alive, try missing a couple of payments.

        sigpic

        Comment


        • #5
          Re: Maternity discrimination?

          I can only speak from dealing with a lot of employment issues in education, of which any maternity leaves were just as a normal Headteacher.

          I do know I had to do risk assessments and alter things if there was felt to be a risk. There was no question of reducing hours, I found other work they could do (but I was that sort of head!)

          I would imagine if you're contracted for 25 hours in writing then your maternity leave should have covered the 25 hours.

          Certainly in education, you would have been entitled to return to the hours you were on before you were pregnant. Similarly if you wanted reduced hours, I, with the governors, would have had to look at trying to meet your wishes - that's not to say we would HAVE to. I did set up a 50/50 job share for a full time teacher wanting to return half time.

          Are you in a union? They would be very well placed to advise.
          Last edited by Caspar; 16th February 2011, 21:51:PM.

          Comment

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