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Help!!! Discrimination at work due to pregnancy and being a female with children!!!
I appologise in advance if this is long winded, but I am really struggling with issues at work and believe that I am being discriminated against due to being a female with children and also having been pregnant whilst employed by them.
I am writing this as I would like some advice on how to approach the issues I have been having at work since I told them that I was pregnant.
I started working for a national health club chain on 10th October 2016, as a membership advisor on a part time contract (16 hours a week). In October I found that I had become pregnant so told my employed on 14th November 2016. I was pleased to hear that I had the full support of my manager and was assured that they would assist where required.
On 19th November 2016 I noticed that it was extremely busy on the reception and as I had completed the majority of my own work for the day I went to assist my colleagues with customers. I spent approximately 2 to 2.5 hours assisting my colleagues.
On 21st November 2016 whilst in my office I was joined by my manager and also a catering manager from the health club. At this time the office door was open and customers were outside in hearing distance. My manager said to me “I DON’T REALLY WANT TO HAVE TO DO THIS, BUT I HAVE TO, AS IT HAS BEEN DONE WITH PREVIOUS MEMBERS OF STAFF AND IT IS UNFAIR IF THEY HAVE HAD ONE AND YOU DON’T GET ONE.” At this point I did not know what he was talking about as he had not explained anything. My manager then went on to say that the Club General Manager had been watching CCTV back from the weekend when I was at work and had noticed that I had been on the reception for two hours and wanted to know why. He stated that he believed that I was on the reception in order to have a ‘chat’ with the two girls there. I explained that it was busy and as I had completed the majority of my work I assisted colleagues in order to work as a team. My manager then issued me with a file note and said if I receive two of these the company has the right to terminate my contract. It was clear that decision had already been made to issue me with a file note before even taking into account my reasons. My actions were exemplary and what was said to be expected from staff in the Employee Handbook. I also took the reference to terminating my contract as a threat. Before the managers came into my office I was not informed in any way that I was going to be spoken to regarding any issues and was not aware that there was a problem. I feel that the general manager routinely monitors CCTV in order to spy on staff and I have never been informed that the CCTV will be used to monitor staff productivity or used in this way. I feel that the intrusive monitoring of the CCTV violates my human rights.
At the end of November 2017 my general manager introduced personal sales targets. Up until this point we had never had targets. The targets that I was given as a part time worker were high and achievable. When worked out against other full time employees my targets worked out a lot higher per hour worked. In December 2017 the general manager raised the targets even though they were already achievable. This caused me a lot of stress as I was always chasing my tail to try and obtain the targets. I believe that although the targets were bought in for everyone the real reason for them was to put pressure on me as my targets were higher.
On 20th December 2016 the General Manager sat down with me to complete the pregnancy risk assessment. This was a significant amount of time after I had told them that I was pregnant (14th November 2016). The general manager left several of the boxes blank for example - “are there any particularly stressful tasks for example dealing with irate customers?” and “are colleagues and supervisors supportive towards the pregnant employee?” Another question was “is the woman aware of what to do if she feels she is being bullied or victimised?” He ticked “NO” and one more was “has the individual risk assessment taken into account any concerns the woman has about her pregnancy?” Which he again ticked “NO.” Other questions in the risk assessment were also filled out incorrectly and I feel that this risk assessment was a farce and he had no concern for my well being what so ever.
I requested a fitness ball to sit on as at my desk as I had found that sitting on one of those was more comfortable and believed that it was a reasonable request as I work in a gym. This request was dismissed by my general manager who stated “you can go and sit on one in the gym when you want to.” Clearly this was not going to help me as I could not complete any computer/phone work in the gym. I also asked to change my working hours but this was also refused.
On 25th January 2017 I was signed off sick due to pregnancy related illness and gave them my doctor’s notes on the same day. Whilst off sick I received no contact from anyone at work. When it reached payday 10th February 2017 I noticed that I had not been paid any SPP. I tried to contact them to find out why and did not get a response until the end of February when they told me that I was not eligible. As I was signed off sick and then went into maternity I had no more contact. No one from work contacted me from the end of February 2017 when I actually contacted them, until the end of October 2017, when again I had to contact them. When I spoke to my manager in October I arranged to take my holidays accrued at the end of my maternity which he agreed. My due date back to work was 10th December 2017 after taking my annual leave. On 11th December 2017 I was forced to self certify and then sign off sick due to serious health conditions. I had a meeting in person with my manager to discuss the sickness. I handed my sick note into the admin department on 27th December 2017. I was also requested to fill in a self certification form which apparently the manager should have handed me on 19th December when I had a meeting with him.
I have had issues regarding not being paid and also not being paid correctly. On 10th December 2017 I had not been paid for any of the holiday I had taken. I contacted my manager and also head office and was passed from pillar to post without an answer of why this had happened. After phoning every day and emailing I received 60% of the holiday pay that I was owed, but still not all of it (paid 22nd December 2017). I contacted them to see why I had not been paid all of it and again after a few days of being passed to different people they told me that they had held 40% as it was an advance. I explained that it was not an advance and was purely money that I was owed and not money which I wanted up front. After arguing this fact for several more days they paid me the other 40% owed on 28th December 2017. When it came to pay day on 10th January 2017 I again saw that I had not been paid again for being off sick. I contacted the general manager and head office again and no one could give me an answer. I was finally informed on 12th January 2017 that they believed that I was not entitled to statutory sick pay. I worked out my average earnings using information on the direct.gov website and worked out that had they paid me correctly on 10th December 2017 then my average weekly earnings would have been above the minimum amount and I would therefore been entitled to claim. If I work it out without the money I should have been paid it brings me below the average weekly earnings for the 8 week period as per gov guidance. I believe that they may have held this money back on purpose for this very reason and to get out of paying SPP. I have also read that they should inform me within 7 days of receiving the sick notes if I am not entitled to claim SPP, but instead I had to contact them after finding that I had not been paid. The non-payment of money has caused me real financial difficulties, especially having two children.
What advice would you give to sort this out as it is having an extremely negative impact on both my general health and also my mental health? I honestly believe that they do not want me to return to work there and are trying to force me out.
I am writing this as I would like some advice on how to approach the issues I have been having at work since I told them that I was pregnant.
I started working for a national health club chain on 10th October 2016, as a membership advisor on a part time contract (16 hours a week). In October I found that I had become pregnant so told my employed on 14th November 2016. I was pleased to hear that I had the full support of my manager and was assured that they would assist where required.
On 19th November 2016 I noticed that it was extremely busy on the reception and as I had completed the majority of my own work for the day I went to assist my colleagues with customers. I spent approximately 2 to 2.5 hours assisting my colleagues.
On 21st November 2016 whilst in my office I was joined by my manager and also a catering manager from the health club. At this time the office door was open and customers were outside in hearing distance. My manager said to me “I DON’T REALLY WANT TO HAVE TO DO THIS, BUT I HAVE TO, AS IT HAS BEEN DONE WITH PREVIOUS MEMBERS OF STAFF AND IT IS UNFAIR IF THEY HAVE HAD ONE AND YOU DON’T GET ONE.” At this point I did not know what he was talking about as he had not explained anything. My manager then went on to say that the Club General Manager had been watching CCTV back from the weekend when I was at work and had noticed that I had been on the reception for two hours and wanted to know why. He stated that he believed that I was on the reception in order to have a ‘chat’ with the two girls there. I explained that it was busy and as I had completed the majority of my work I assisted colleagues in order to work as a team. My manager then issued me with a file note and said if I receive two of these the company has the right to terminate my contract. It was clear that decision had already been made to issue me with a file note before even taking into account my reasons. My actions were exemplary and what was said to be expected from staff in the Employee Handbook. I also took the reference to terminating my contract as a threat. Before the managers came into my office I was not informed in any way that I was going to be spoken to regarding any issues and was not aware that there was a problem. I feel that the general manager routinely monitors CCTV in order to spy on staff and I have never been informed that the CCTV will be used to monitor staff productivity or used in this way. I feel that the intrusive monitoring of the CCTV violates my human rights.
At the end of November 2017 my general manager introduced personal sales targets. Up until this point we had never had targets. The targets that I was given as a part time worker were high and achievable. When worked out against other full time employees my targets worked out a lot higher per hour worked. In December 2017 the general manager raised the targets even though they were already achievable. This caused me a lot of stress as I was always chasing my tail to try and obtain the targets. I believe that although the targets were bought in for everyone the real reason for them was to put pressure on me as my targets were higher.
On 20th December 2016 the General Manager sat down with me to complete the pregnancy risk assessment. This was a significant amount of time after I had told them that I was pregnant (14th November 2016). The general manager left several of the boxes blank for example - “are there any particularly stressful tasks for example dealing with irate customers?” and “are colleagues and supervisors supportive towards the pregnant employee?” Another question was “is the woman aware of what to do if she feels she is being bullied or victimised?” He ticked “NO” and one more was “has the individual risk assessment taken into account any concerns the woman has about her pregnancy?” Which he again ticked “NO.” Other questions in the risk assessment were also filled out incorrectly and I feel that this risk assessment was a farce and he had no concern for my well being what so ever.
I requested a fitness ball to sit on as at my desk as I had found that sitting on one of those was more comfortable and believed that it was a reasonable request as I work in a gym. This request was dismissed by my general manager who stated “you can go and sit on one in the gym when you want to.” Clearly this was not going to help me as I could not complete any computer/phone work in the gym. I also asked to change my working hours but this was also refused.
On 25th January 2017 I was signed off sick due to pregnancy related illness and gave them my doctor’s notes on the same day. Whilst off sick I received no contact from anyone at work. When it reached payday 10th February 2017 I noticed that I had not been paid any SPP. I tried to contact them to find out why and did not get a response until the end of February when they told me that I was not eligible. As I was signed off sick and then went into maternity I had no more contact. No one from work contacted me from the end of February 2017 when I actually contacted them, until the end of October 2017, when again I had to contact them. When I spoke to my manager in October I arranged to take my holidays accrued at the end of my maternity which he agreed. My due date back to work was 10th December 2017 after taking my annual leave. On 11th December 2017 I was forced to self certify and then sign off sick due to serious health conditions. I had a meeting in person with my manager to discuss the sickness. I handed my sick note into the admin department on 27th December 2017. I was also requested to fill in a self certification form which apparently the manager should have handed me on 19th December when I had a meeting with him.
I have had issues regarding not being paid and also not being paid correctly. On 10th December 2017 I had not been paid for any of the holiday I had taken. I contacted my manager and also head office and was passed from pillar to post without an answer of why this had happened. After phoning every day and emailing I received 60% of the holiday pay that I was owed, but still not all of it (paid 22nd December 2017). I contacted them to see why I had not been paid all of it and again after a few days of being passed to different people they told me that they had held 40% as it was an advance. I explained that it was not an advance and was purely money that I was owed and not money which I wanted up front. After arguing this fact for several more days they paid me the other 40% owed on 28th December 2017. When it came to pay day on 10th January 2017 I again saw that I had not been paid again for being off sick. I contacted the general manager and head office again and no one could give me an answer. I was finally informed on 12th January 2017 that they believed that I was not entitled to statutory sick pay. I worked out my average earnings using information on the direct.gov website and worked out that had they paid me correctly on 10th December 2017 then my average weekly earnings would have been above the minimum amount and I would therefore been entitled to claim. If I work it out without the money I should have been paid it brings me below the average weekly earnings for the 8 week period as per gov guidance. I believe that they may have held this money back on purpose for this very reason and to get out of paying SPP. I have also read that they should inform me within 7 days of receiving the sick notes if I am not entitled to claim SPP, but instead I had to contact them after finding that I had not been paid. The non-payment of money has caused me real financial difficulties, especially having two children.
What advice would you give to sort this out as it is having an extremely negative impact on both my general health and also my mental health? I honestly believe that they do not want me to return to work there and are trying to force me out.
xx
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