Is the company liable not to reduce my workload and premature birth for asshole boss?

[Stalla]

My workload was very heavy and the workload is not reduced after pregnant. Boss is asshole that likes cursing in front of you if not satisfied with your work. His curse made me feel bad and stressful and had to work my ass out. finally, I got emergency c section and a very very early premature baby. The next day I came out of hospital, boss called me work for 9 hours and kept cursing me while i working and gave me more work to do. Is the company liable not to reduce my workload and premature birth for the asshole boss?

[bluebottle]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

My first comment is that your boss should be fired if, like yourself, he is employed by a company or another person. If he is the employer, he needs a visit from Health & Safety Inspectors.

I have noted that you required an emergency C section and this resulted in a premature birth. As you will know, a C section is an invasive procedure involving incisions into the abdomen and uterus. Although I have no doubt the surgeons closed the incisions using the most up-to-date technology available, I do have concerns as to you returning to work so soon after such a procedure.

The questions I would ask are -

1. Has you boss/employer sought an Occupational Health report as to whether it is safe for you to return to work the day after a C section and any reasonable adjustments that need to be made? and
2. Has your boss/employer carried out a risk assessment?

If your boss/employer has done neither, they are in breach of the law. Failing to seek an OH opinion can invalidate an employer's Employer's Liability Insurance. It is a criminal offence for an employer to employ persons without having a valid Employer's Liability Insurance policy in force. It is a legal requirement for an employer to carry out a risk assessment. Failing to do so puts the employer, potentially, in breach of Health and Safety at Work legislation.

What employment sector are you working in, please?

[SpringerSpaniel]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

Your boss is behaving in a way which is likely to contravene both the Protection from Harrassment Act and health and safety legislation. The failure to treat you appropriately whilst pregant is also likely to constitute unlawful sex discrimination. If the premature birth was brought on by stress, if your child has health problems as a result she or he could have a personal injury claim against your employer. I hope of course that your baby is well, but am aware that premature birth is associated with risks.

If you are a member of a trade union, you should speak to your union rep urgently. If not, you can get free legal advice on employment problems at a Law Centre wwws.lawcentres.org.uk

It would be usual not to return to work for 6 weeks after a caesarian birth, especially if your job is physically heavy or stressful. If it is not yet 6 weeks later, ask your doctor or midwife to sign you off sick.

[SpringerSpaniel]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

We have some members who are particularly good on employment rights, I have asked a couple of them to look by when they can and give you further advice.

[Stalla]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

Thanks everyone. Can you email me at stalla2013@gmail.com? As I don't wanna disclose too much in public. legal consultant are welcome! thanks again

[miliitant]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

hello stella

i am the legal and medical secretary for a national trade union

this is serious and has breached your protected characteristics of pregnancy

first question

what is the size of your employer and is it part of a larger chain

[evilhamster]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

forgive me if i'm wrong but shouldn't you still be on maternity leave even if you had a normal delivery

[miliitant]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

forgive me if i'm wrong but shouldn't you still be on maternity leave even if you had a normal delivery

exactly

[Nic]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

You have to take a minimum of 2 weeks off following a normal birth! But your entitled to full maternity leave and if the child was born before the start of your maternity leave the surely the maternity leave just gets bought forward. I have no expertise in this area but miliitant is deffo the one to help you here. I would agree with bluebottle this boss deffo needs firing.

Please keep us updated on your progress. Hope little one is ok x

[teaboy2]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

Thanks springer for PMing me about this thread.

First off all, you have a statutory entitlement to maternity leave, which is brought forward should you have an early birth, though it generally starts a few weeks before the expected due date - So you may have been entitled to be on maternity leave before you gave birth, but obviously we need the facts and dates etc to determine that.

Not only is your boss in breach of protection from harassment act 1997 and H&S laws, but hes also in breach of the Equality Act 2010 and Employment rights act 1998 in terms of maternity entitlement. But not only that, the employer as a result of the actions you described, is in breach of employment contract and you have a clear claim for constructive dismissal, sexual discrimination and harassment should you wish to take this to tribunal.

The fact this guy had you working the day after you were released from hospital after an emergency C section is sickening. My advice is for you to take your maternity leave (simply phone the employer tell them your taking your full entitlement to paid maternity leave effective of today), which is paid by the employer and look at taking tribunal action against him (You only have 3 months from date of last course for action to take it to tribunal - If you resign then that date will be last date of course for action in constructive dismissal claim). If the employer refuses to pay maternity pay, well more fool him, because if he values his business he'll be making a huge mistake by refusing to pay you what you are legally entitled too, and a tribunal will case will cost him a fortune when he loses and given his treatment of you, he will most certainly lose and you will get a potentially decent amount of compensation.

I have Sent you my email address in a Private message to you as well, should you wish to contact me directly.

[miliitant]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

sending pm teaboy

[teaboy2]

Re: Is the company liable not to reduce my workload and premature birth for asshole b

Got it mate, have sent you a reply too.