Pregnancy in the workplace

[swantop]

hi a work colleague is pregnant she's about 3 months she is part of our cleaning team in this position she is required to use and do all the things i.e. chemicals lifting mopping sweeping using machines long periods of walking and standing basically everything i have read on a few sites that pregnant women should avoid doing, she's claiming her midwife has told her not to do any of these things and that she can only do light sweeping.
We work in a very busy supermarket and demands are high. as we are contractors to the supermarket there is no alternative position that can be offered (sitting down) the shifts in the work place also cannot accommodate her because they all require the use and doing all that i have said, as her manager i have carried out a risk assessment and going by what she is claiming there is almost nothing she can do without risk and putting all her work load on others we are really pushed to shove and our hours are very restrictive. she wont leave although this has not been suggested because she wants all the benefits that go with her being pregnant (financial wise) other colleagues have said they are not prepared to "carry" her for the next 5 months so where do i go from here?

[Crazy council]

Re: Pregnancy in the workplace

wow...

a work colleague is pregnant she's about 3 months she is part of our cleaning team i

she wont leave although this has not been suggested because she wants all the benefits that go with her being pregnant (financial wise)

other colleagues have said they are not prepared to "carry" her for the next 5 months so where do i go from here?

am speachless,

[Kati]

Re: Pregnancy in the workplace

tagging [MENTION=51026]Ula[/MENTION]

[Guest]

Re: Pregnancy in the workplace

Are you speechless at the attitude of other colleagues?

There are actually two sides to this issue.







I'am speachless,[/QUOTE]

[Kati]

Re: Pregnancy in the workplace

https://www.nidirect.gov.uk/articles...-when-pregnant

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.

[ULA]

Re: Pregnancy in the workplace

[MENTION=49370]Kati[/MENTION] is correct.

If you have done a risk assessment and believe that there is a risk to either the pregnant employer or her unborn baby then you have to give consideration to any reasonable adjustments to her working conditions or hours of work that could prevent the risk, or if not, whether there is any suitable alternative work for her.

For work to be suitable it must be work of a kind that is both suitable in relation to her and appropriate for her to do in the circumstances. Consideration of the suitability of the alternative work will include consideration of the terms as to pay. If there is suitable work, the employee is entitled to terms and conditions which are not substantially less favourable than those she had in the job that she was originally doing.


An employee is not obliged to accept alternative work offered to her, even if it is suitable but, if she is suspended because her job is potentially dangerous and has unreasonably refused suitable alternative work, she will not be entitled to pay during her suspension.

If you cannot find a way of making reasonable adjustments or find her an alternative position then the employee must suspended from work for as long as is necessary to avoid the risk to her or her baby.

[swantop]

Re: Pregnancy in the workplace

yes thank you i was speechless at "speechless" no one is being unforgiving towards her BUT as stated she is after all a cleaner and will what ever she does during her daily working duties be exposed to all manner of obstacles i.e chemicals for toilet/ floor cleaning no one wants harm to come to her or unborn child, her shift requires her to work alone although surrounded by many (customers and staff) she has also stated that she will not attend any store spillages integral to her duties even going to the point of removing some of the cleaning equipment and solutions off the cleaning buggy so yes there are 2 sides to the story

[swantop]

Re: Pregnancy in the workplace

yes thank you i was speechless at "speechless" no one is being unforgiving towards her BUT as stated she is after all a cleaner and will what ever she does during her daily working duties be exposed to all manner of obstacles i.e chemicals for toilet/ floor cleaning no one wants harm to come to her or unborn child, her shift requires her to work alone although surrounded by many (customers and staff) she has also stated that she will not attend any store spillages integral to her duties even going to the point of removing some of the cleaning equipment and solutions off the cleaning buggy so yes there are 2 sides to the story

[Viking1985]

Re: Pregnancy in the workplace

Hi,

Crazy Council and other readers...

We may know the law and the implications of Maternity Discrimination but many, many people don't. Some would say training should be compulsory for employers: something for another thread perhaps?

The other side of this is (in my opinion) the way huge firms (the supermarket) drive down the price of contracts for outsourced services BELOW TRUE COST. Let me explain. The huge firm know that out of, say, 1000 cleaners X percent get pregnant and can't work with the chemicals.

The bid for the contract doesn't factor in this (and many other) employment rights on-cost. This puts the external contractor in a trap (that they chose to enter through their ignorance...). They deny the rights of the employee in some way or another or lose money on the contract.

The huge supermarket has "clean hands", can be "right on" about employment rights and still get below cost services.

But this doesn't help the OP. You must not, by law, disadvantage someone who has chosen to be a Mum. You must find safe work or pay them to stay at home.

A dozen times in the past you may have "persuaded" the mums to leave or whatever. One day one will take you to a tribunal and win such a large payout it bankrupts your firm.

Then the supermarket will competitively tender and some other firm that doesn't understand the law and the costs the law imposes...

Thoughts?

Viking

[swantop]

Re: Pregnancy in the workplace

Hi Viking 1985 wow! how informative was that and how right are you for saying "

The other side of this is (in my opinion) the way huge firms (the supermarket) drive down the price of contracts for outsourced services BELOW TRUE COST. Let me explain. The huge firm know that out of, say, 1000 cleaners X percent get pregnant and can't work with the chemicals.

"
it can also be said for the young girls that do fall pregnant and are working in these positions don't realise the importance of keeping safe and then suddenly it's she cant do this and she wont do that, but lets face it in the majority of jobs alternatives and compromises can usually be found but I fear not in this industry? its damned hard work even for the "not" pregnant ladies!!!

[Crazy council]

Re: Pregnancy in the workplace

I understand the point, its presure from the contract, but, it just seemed a bit sharpe that all, Sorry my post wasnt ment to come across as so strong, i had just been reading the poem First they came ( by German Lutheran pastor Martin Niemöller ) and answered reletive to that

[Viking1985]

Re: Pregnancy in the workplace

it can also be said for the young girls...don't realise the importance of keeping safe...compromises can usually be found but I fear not in this industry? its damned hard work even for the "not" pregnant ladies!!! [/COLOR]

Hi,

Thanks for your kind comments: I hope my next post doesn't make you withdraw it!

You HAVE to keep her and baby SAFE. You can't take any measure that will be a "detriment" (make her lose out on something).

Yes, you and her (often female) colleagues may be disapointed at her "Madame" ways, perhaps remembering "the good old days" when "you just got on with it"...

She could perhaps help herself by saying "thanks for being great workmates and covering for me" rather than "I WANT MY RIGHTS!". But we aren't in those friendly, noble and healthy days of the 1970s now....

OP: listen up. If she raises a Formal Grievance take immediate advice; ideally from a Solicitor, 2nd choice an HR Consultant or, if you have no money try ACAS (very patchy Helpine, ranges from "heroic" to "don't give a damn"...).

I fear for you if this is a cynical gold-digger rather than a fussy (but caring) young woman.

Viking