My rights - stress in pregnancy

[Hlc2109]

Hi,

I am currently pregnant and have been signed off work repeatedly with work related stress. I have finally had a risk assessment and advised that I need to be provided with alternate work but this has not been adhered to.

My understanding is that if after a risk assessment alternate work has been advised, if my employer cannot provide this then they need to suspend me on full pay until alternate work can be offered. Is this correct??

I just need to know my rights as at the moment I feel that I do not have any rights at all. All my employer suggests is looking for another job, I feel that I am being forced to quit.

ANY help at all will be much appreciated.

[strangewayofsavin]

Re: My rights - stress in pregnancy

firstly have you notifyed in writting your employer of your current situation? 2ndly have you worked for your current employer for more than 3 months?
If you have been signed off for stress, has your employer offered you a settlement or a new job within the company?
Have you read the full terms of your employment contract?

[Hlc2109]

Re: My rights - stress in pregnancy

Hi, thanks for your reply

I have notified my employer in writing and also been working there for 2 years. When my employer had the risk assessment done and it said that I should not be in my current role because of stress (my current role is as a debt collector in a call centre so I get a lot of abuse and this obviously adds to the stress) it was advised I be in another role off the phones. My employer told me that they were looking for another role for me until yesterday when they said that they will no longer be doing this as there are no other roles within the whole company and I will be out straight back on the phones on Monday morning. Now in my site alone there are 3 x 7 floor buildings so I do not believe for one minute that there are no roles at all.
I have checked through my contract which is pretty standard, no exceptions or special terms.
I will also point out that this has been going on for about 6 months now, I am beyond fed up and have come close a few times to just quitting although that is really not going to help matters. I am also having counselling and my councillor has advised that I should not be on the phones whilst having counselling and 'amended duties' has been marked on every sick note I have had although this has also been completely ignored.

[SpringerSpaniel]

Re: My rights - stress in pregnancy

If your employer does not make the adjustments that you need during preganancy, or sacks you for reasons related to your pregnancy, it is automatically regarded as unlawful sex discrimination.

Theere is no minimum qualifying period of employment to claim for sex discrimination, if need be in the Employment Tribunal.

If you have a Law Centre near you Law Centres, they offer free advice and could write a letter to your employers on your behalf. I imagine in this kind of work you are not part of a trade union ? However if you are, they should also be able to advise and represent you.

[Hlc2109]

Re: My rights - stress in pregnancy

Thank you so much for your response, it's so good to know that I have rights as I have been made to feel that I have none at all. The only thing I have been 'offered' by my employer is to go and look for another job. Unfortunately I don't have a law centre in the area so will have to see what else I can do.

[SpringerSpaniel]

Re: My rights - stress in pregnancy

If you PM your approx location to me I may be able to suggest other sources of free or low cost legal advice. I suggest you do not post your location online in an open forum.

[Celestine]

Re: My rights - stress in pregnancy

Also speak to ACAS as a matter of urgency.

08457 474747

I listened to a radio 4 programme recently about maternity employment rights. The expert used the phrase. "It is a foolhardy employer who attempts to dismiss or in any way affect the employment of a pregnant worker"

Good luck, with your employment and your baby!

[Hlc2109]

Re: My rights - stress in pregnancy

Celestine, thank you so much for recommending ACAS, they were incredibly helpful and now I feel I might actually start getting somewhere with my employer.

[Celestine]

Re: My rights - stress in pregnancy

Excellent, the way you are being treated is appalling, I had a baby a year ago and my employers had to do all sorts of risk assessments and give me sick leave when I needed it. The last thing you need at such a time is a battle with your employer.

When's your little one due?

xxx

[Hlc2109]

Re: My rights - stress in pregnancy

Excellent, the way you are being treated is appalling, I had a baby a year ago and my employers had to do all sorts of risk assessments and give me sick leave when I needed it. The last thing you need at such a time is a battle with your employer.

When's your little one due?

xxx

Baby is due on 4th June and hopefully armed with the information from acas I'll be able to get on with things and relax a bit instead of being under constant stress from my employer!

[labman]

Re: My rights - stress in pregnancy

No advice - just want to say this is a really heartwarming thread to read and it's great that you're getting a way forward and your stress levels reduced. I'm really pleased for you!:beagle::beagle:

[SpringerSpaniel]

Re: My rights - stress in pregnancy

You may be interested to read this recent case on pregancy-related discrimination in the workplace:
BBC News - Doctor Eva Michalak wins £4.5m over discrimination