Pregnancy and the work environment.

A

AndyDub

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My fiance is now close to 7 months pregnant. She works as a sales assistant in a shop... There are no seats in the premises to sit down and rest during the day except in the kitchen area. Also as the stock room is downstairs she has to make 30-40 trips down and up each day.
I've already sent her employer a letter from our consultant that she must be provided with frequent breaks... however he has done nothing about it and there is still nowhere to sit down. I've noticed that pregnant women in other shops just work the reg so they can sit down. I'm starting to get really annoyed about it at this stage as I feel that they are doing this to encourage her to jack it in or go on sick leave which would be unpaid. Any opinions on what to do? I read the employment act and didn't see anything to relate to specifically.
 
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AFAIK your terms and conditions don't change because you are pregnant. She could take her maternity leave early.
 
aircobra19 said:
AFAIK your terms and conditions don't change because you are pregnant.
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That's my understanding too.
AndyDub said:
AFAIK the employer has to provide a healthy and safe place to work.
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Any use?
Pregnant employees

An employer should carry out separate risk assessments in relation to pregnant employees. If there are particular risks to an employee's pregnancy, these should be either removed or the employee moved away from them. If neither of these options is possible, the employee should be given health and safety leave from work, which may continue up the beginning of maternity leave. If a doctor certifies that night work would be unsuitable for a pregnant employee, the employee must be given alternative work or health and safety leave.

Following an employee's return to work after maternity leave, if there is any risk to the employee because she has recently given birth or is breastfeeding, it should be removed. If this is not possible, the employee should be moved to alternative work. If it is not possible for the employee to be assigned alternative work, she should be given health and safety leave. If night work is certified by a doctor as being unsuitable after the birth, alternative work should be provided. If alternative work cannot be provided, the employee should be given health and safety leave.

During health and safety leave, employers must pay employees their normal wages for the first three weeks, after which Health and Safety Benefit may be paid - see below. Time spent on health and safety leave is treated as though the employee has been in employment, and this time can be used to accumulate annual leave entitlement. The employee is entitled to leave for any public holidays that occur during health and safety leave.
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The employer must reassess her workstation (counter assistant so therefore counter) as risks and hazards are different for pregnant people.however if she has not gotten a letter from her doctor telling her she needs to rotate her job then why would her employer change the rules for her. She should be a bit more assertive to be honest ie request the employer for to avoid completely the sock room or limit to 1 hour max her work in the stock room (carrying no very heavy stuff mind) and the she is facing off stock and on register for the other part of the day 1/3 of the time on a chair at the register - this has to be backed up by a doctors recommendation if teh employer is uncooperative. Usually this is fear of change.
Occupational health is a little different for pregnant folks as it is not an illness and so the employer has to for all intents and purposes "bend the rules" for one person on a team to comply with the law on the issue - as seen by the co-workers that is. Employers are wary of doing this as it can cause all sorts of rumblings among the other staff unless dealt with in a proper way. proper communication has to be paramount and the pregnant employee cannot be allowed to use her "condition" to slack off. (which i doubt she is as what gain has she when her sick leave, the alternative to work is unpaid leave)
There is law on the issue Pregnant employees regulations 2000. so if you feel upset then you should read up on these and know your rights.
 
thanks Clubman.
Just to add. most large stores have supervisors and SME have managers who may not be so aware of these laws and when it is introduced to them (in a non-confrontational way of course) are more than happy to comply. I suggest your girlfriend meets with the boss or supervisor and sets out her stall so to speak. An ounce of honey and all that. But the doctors note will always carry weight - she is fit to work, but with work tasks revised as appropriate.
 
Thank you all. We were hoping that the employer might adopt a commonsense approach, but unfortunately hasn't been the case. She was promised a chair last month (verbally) but none has materialised.
 
I assume there isn't a union.

I guess you just have lean a little more on them with a Doc's Letter, and perhaps put more pressure on them. Its probably just laziness it hasn't been sorted. Can she take a chair from the canteen?
 
nelly said:
thanks Clubman.
Just to add. most large stores have supervisors and SME have managers who may not be so aware of these laws and when it is introduced to them (in a non-confrontational way of course) are more than happy to comply. I suggest your girlfriend meets with the boss or supervisor and sets out her stall so to speak. An ounce of honey and all that. But the doctors note will always carry weight - she is fit to work, but with work tasks revised as appropriate.
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Its a small shop, with 4 people max working on any given day, so the manager definitely knows the story.
 
AndyDub said:
no... apparently the boss doesn't want prospective customers to see the staff sitting down.
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IMO. That puts a completely different light on it. Its not something that haven't done yet. But something they have no intention of doing ever.
 
aircobra19 said:
IMO. That puts a completely different light on it. Its not something that haven't done yet. But something they have no intention of doing ever.
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I was thinking the same, but they would still have to make a reasonable effort to be accomodating. I know is she takes either health and safety leave or early maternity leave they wont pay her. Of couse the health of mother and baby is paramount so we might have to go that route anyway.
 
Andy,

she could take her maternity leave now (subject to giving notice to the employer). It would leave her less time after the birth, but it sounds like she should look at working elsewhere anyway.
 
If an employee informs her employer that she is pregnant they must carry out a pregnant employee risk assessment. This assess the work carried out by the employee and its potential risk to her or her unborn childs safety. If changes in work practicses are needed to protect the employees or unborn childs safety then they must be implemented, or else the employee must have her working conditions changed and as a last resort health and safety leave may be required if changes in working conditions are not practicable.

Under the maternity protection act the employer is also obliged to provide a place for a pregnant employee to sit or to lie down.

Im my experience changes in a pregnant employees working conditions in the retail sector generally come down to allowing them to sit at the register; allowing frequent breaks; removing them from manual handling / excessive carrying; removing them from handling large volumes of cash and any other reccomendations made by her obgny.

I would suggest that your finance make contact with the HSA (they normally take a keen interest in the flouting of the pregnant employee regulations) or her union if she is being treated this badly.
 
I am a health and safety consultant, should you want to give me a buzz send me a pm and ill give you my number

as the previous poster noted, the employer has a legal obligation to carry out a comprehensive risk assessment on notification of an employee being pregnant. was this carried out?

in addition the employer is obliged to carry out regular risk assessments to ensure all new risks/ changing circumstances are taken account of.

these risk assessments must be documented and copies supplied to your wife (which she should show to her doctor)

with regard to H&S leave-this should only be taken when an employee is unable to carry out any duties in the workplace, from reading this post your wife is able to carry out her duties, she is just looking for a chair while she does so. in this case the employer is breaking the law.

please feel free to pm me for my number and i will give you any help that i can in relation to this matter. alternatively you could make a complaint to the HSA who will not be shy about issuing information to this employer to set him straight on his responsibilities.

good luck and let us know how you get on
a-z safety statement
 
A-Z Safety said:
from reading this post your wife is able to carry out her duties, she is just looking for a chair while she does so. in this case the employer is breaking the law
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The employer is not breaking the law by not providing a chair AFAIK. a chair was never there to begin with and an employer may argue that it is not suitable (not enough space for example). If the employee cannot do the job without modifications to the workspace then i would say she may fall into the "not fit for work" which she was hired to do. Hense she should take a softly softly assertive approach before informing HSA etc.
just my take
 
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