pregnant at work- dilema

[farmlama]

ok long confusing story, I am 22 weeks pregnant ant work in a pub/restaurant. i told my employer i was pregnant at 7 weeks, but have not yet had a risk assestment although i have been told i will get it on tuesday.

My problem is that i am begining to feel the strain of working. i am on my feet all day as you cant really serve drinks sitting down. on saturday i was in absolute agony, my legs were aching and im worried being on my feet all day is going to cause me to develop varicose veins. i am often working alone in the building and as it is sunny the pub is busy. i get home and am exhausted and have been in tears and snappy at my other half from being stressed out.

 

i want to know where i would stand if i was to leave early (before my maternity leave). Would i be able to claim incapacity benifit or anything (if i leave on my own accord) as i will not be able to go with no money. i am due to leave in a couple of months but i dont know if i will be able to cope until then.

 

I dont wish to go down the tribunal route as i think my employer is a nice guy, just really crap with employment law (i do know all the rules about that as my mum is a union rep) and im gunna see if i get my risk assestment on tuesday and if it makes any difference to me being left to work on my own and not being able to rest etc.

 

if anybody knows of my entitlements to JSA or IB i would really apreciate it i will also post this in the benifits section

[farmlama]

ok long confusing story, I am 22 weeks pregnant ant work in a pub/restaurant. i told my employer i was pregnant at 7 weeks, but have not yet had a risk assestment although i have been told i will get it on tuesday.

My problem is that i am begining to feel the strain of working. i am on my feet all day as you cant really serve drinks sitting down. on saturday i was in absolute agony, my legs were aching and im worried being on my feet all day is going to cause me to develop varicose veins. i am often working alone in the building and as it is sunny the pub is busy. i get home and am exhausted and have been in tears and snappy at my other half from being stressed out.

 

i want to know where i would stand if i was to leave early (before my maternity leave). Would i be able to claim incapacity benifit or anything (if i leave on my own accord) as i will not be able to go with no money. i am due to leave in a couple of months but i dont know if i will be able to cope until then.

 

I dont wish to go down the tribunal route as i think my employer is a nice guy, just really crap with employment law (i do know all the rules about that as my mum is a union rep) and im gunna see if i get my risk assestment on tuesday and if it makes any difference to me being left to work on my own and not being able to rest etc.

 

if anybody knows of my entitlements to JSA or IB i would really apreciate it i will also post this in the employment problems section

[sassiersara]

hi there. i know when i was pregnant my doctor signed me off work because i was running a busy bar.changing barrels etc and was finding it a real strain, i did claim incapacity benefit,

so give it a go, see your doctor and see if he will sign you off. your obviously finding it hard being on your feet all day. also are there no other duties you can do at work?

your work also should have done a risk assesment as soon as you informed them your pregnant,

hope this helps alittle.

[ErikaPNP]

There is no such thing as incapacity benefit anymore for new claimants. There is Employment and Support Allowance which can only be claimed from 6 weeks before your expected delivery date up until 14 days after the birth.

 

For JSA regardless of whether or not you are pregnant, if you leave work voluntarily or have your employment terminated unexpectantly (ie not coming to the end of a fixed term contract or being made redundant, but "fired") then JSA if you are entitled at all can sanction your benefit. This means they may not pay you for a period of benefit entitlement ranging from one week up to 26 weeks.

 

You MAY be able to claim Income Support from 11 weeks before you rexpected delivery date.

 

If this is your first baby, have a look at my thread here for more advice on what you may be able to claim (post 4): http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/204519-income-support-benifit.html

[ErikaPNP]

I've answered your post in your other thread: http://www.consumeractiongroup.co.uk/forum/employment-problems/207815-pregnant-work-dilema.html

[farmlama]

thank you for your advice, i would rather stay at work as then i will be eligible for smp and earn holiday pay during my leave, but just wanted to know my options if i feel i have to leave sooner. this is my second baby, but i feel like my body is under greater strain this time around. i will see how my risk assestment goes tomorrow (if it actually gets done, its been put off by my manager for weeks) and if any changes actually happen.

[poppynurse]

Sounds like you need to go off sick.

[ErikaPNP]

The only other option open to you would be to be certified sick. If your employer accepts the sick line then you will receive Stautory sick pay. Once you are at 11 weeks before your estimated delivery date if you are receiving SSP, your employer can then insist you commence your maternity leave and issue maternity pay.

 

If your work in affecting your pregnancy or a risk assessment has not been forthcoming, you can legitamately ask your doctor to provide you with a sick cert.

 

I had to take this route with DD2 until they performed my risk assessment.

[farmlama]

small update. i did have a risk assestment today and it has been discussed that i will not be left on shifts on my own and to be given the opportunity to have regular breaks, so if my other manager (who didnt give the risk assestment, but i work most shifts with) follows it i think i will be ok as far as those issues go.

[ErikaPNP]

Are you aware that if they refuse to stick to it you can refuse to perform the duties the RA states you shouldn't, and they cannot hold that against you?

 

Pre warning you as some managers appear to think that simply because they are managers they can ignore the law.

 

Have a look here also for info: http://www.hse.gov.uk/pubns/indg373hp.pdf

 

Health and safety for new and expectant mothers

 

Guidance for new and expectant mothers ? The law

[farmlama]

Are you aware that if they refuse to stick to it you can refuse to perform the duties the RA states you shouldn't, and they cannot hold that against you? I have been getting other people to do all lifting and stuff, but if im on my own in the building and people need serving its dificult to refuse to perform the duties.

 

Pre warning you as some managers appear to think that simply because they are managers they can ignore the law. the manager i work most with is the sort who thinks he can ignore the law, he once tried to tell me that we arent entitled to any holiday pay because there is no law about it.

Have a look here also for info: http://www.hse.gov.uk/pubns/indg373hp.pdf

 

Health and safety for new and expectant mothers

 

Guidance for new and expectant mothers ? The law

 

thanks for these, they were very useful

[ErikaPNP]

Did the RA assess lone working? I'm guessing no. You shouldn't be working alone.

[farmlama]

it did assess lone working and it was said that i will not work alone anymore, guess what though, i was working today 11:30-18:00 on the shift with the manager who didnt do the risk assestment and i was on the bar on my own all day and the only member of staff in the building from 15:30-17:30, luckyly it wasnt busy so i had a chance to sit at the bar and rest.

makes having the risk assestment yesterday a bit pointless as he is just ignoring it anyway.

[ErikaPNP]

In that case, I'd initially raise it with the other manager. Point out that if the risk assessment cannot or will not be followed, they must in accordance with health anx safety regulations, offer you a suitable alternative post which would lessen or eliminate the risk, or failing that suspend you medically on FULL pay until your maternity leave kicks in. This is the law and yes they do have to comply with it. If they refuse to follow the risk assessment or if the risk assessment does not address some serious risks/risk cannot be reduced or eliminated then they have to offer one of the above alternatives.

 

If following your discussion it is still ignored, raise an official grievance.

 

Whether you work for a chain or an independent bar, you can use the below letter. Send it to the highest authority.

 

Dir Sir/Madam

 

Please accept and deal with the following grievance in accordance with the Employment Act 2002 (Dispute Resoluction) Regulations 2004.

 

I am employed as a **insert job title** at **insert name of bar**. I am 22 weeks pregnant and a Health and Safety Risk assessment has been carried out.

 

I have several concerns regarding the content of the risk assessment being over ruled by **insert managers name**. Despite the risk assessment specifically stating that I should not work alone, I have been been abandoned to lone working not only in the bar area but on occasion as the only member of staff in the building for a significant period of time.

 

I raised my concerns with **insert managers name"" who has continued to ignore the content of the risk assessment. I have requested that if the risk assessment cannot be followed, they offer suitable alternative employment or suspend me on full pay until such a time as I can begin maternity leave. **insert manager's name** has refuted this.

 

By refusing to comply with the risk assessment which is placing myself and my unborn child at risk, and refusing to offer a suitable alternative employment or suspend me on medical grounds until my maternity leave begins in the absence of the compliance with the risk assessment, I believe **insert managers name** is treating me contrary to the Management of Health and Safety at Work Regulations and contrary to the Sex Discrimination Act.

 

As stated earlier, I would like this letter to be treated as an official grievance in accordance with the Employment Act 2002 (Dispute Resoluction) Regulations 2004.

 

If you have any questions please do not hesitate to contact me,

 

Yours sincerely

 

XXXXXXXXXXX

That was the letter I used (with a few differences - dates and so forth) and it worked for me. Despite there being "no suitable alternative employment" when I'd asked previously, all of a sudden there was and I was transferred to it.

 

If you don't protect you and your child, no-one else will. These sort of people don't really give two hoots to be honest, as long as the business thrives. If anything were to happen to you as a result of the risk assessment not being upheld, you would have absolutely no comeback if you had not made your concerns clear and followed every avenue to try to get it put right.

 

You can also contact the Equality and Human Rights Commision who would gladly assist you in fighting your case: EHRC - Home

 

Best wishes.

[farmlama]

i have sent off for my £190.00 health in pregnancy grant, has anybody else had one of these and know how long it takes them to process the application. thank you

[kinkyklee]

never heard of this one but my youngest 2yrs now...i had the sure start grant of £500 and it does not take long around a week n alf..sorry i dnt knw much but u will opefully get it soon

[farmlama]

just to explain my situation briefly, i work in a pub which is privately run, not by a big company. im pretty sure its not a ltd company. i have a contract for 28.5 hours a week at £6p/h

 

i have been on maternity leave since 23rd august last year and i am due back on 23rd may. i took all my holiday before i left but am aware i aslo accumulate holiday pay while i am on leave just as i would if i was still at work.

 

the lease of the pub was sold and the business was transferred on 29th march this year, i have spoken to my new employers and they seem fine, we have discussed my return to work and i told them i wanted to extend my maternity leave with the holiday i have from during my leave, which they are fine with, but my old boss hasnt made payment to them for my holiday pay owed and he has signed a document confiming he is liable for all outstanding pay owed.

 

so i have worked out that i am owed just over 95 hours of pay from my old employer as i was under his employment on leave for 31 weeks. i have contacted him by phone and he admits he owes me this money but has also said he has closed all his business accounts and doesnt have the money to pay me at the moment. i amworried he is going to dissapear and never pay me what im owed and am going to have to take unpaid leave which i cant afford.

 

i have a contact number for him, but no address so i cant send anything in writing and would really like to get some advice on where i stand in getting my money owed.

[Crocdoc]

employment with the new employer must be on the same terms and conditions as with the former employer. For example, an employee who is transferred should receive the same pay and have the same entitlement to sick pay and holidays as s/he had before the transfer

the new employer takes on all the liabilities of the former employer under the contract of employment

In my opinion the agreement between the two employers is an irrelevance.

Under TUPE regulations the responsibility transfers to the new employer.

I hope this helps

[mariefab]

It sounds as if the TUPE regs. would apply here. In which case the only change to your contract is the name of your employer.

 

http://www.opsi.gov.uk/si/si2006/20060246.htm

 

Your new employer has to pay you for your accrued holiday. It is their problem/responsibility to chase up your former employer if they consider that he has any outstanding liabilities in this regard.

Edited April 30, 2010 by mariefab
adding link

[farmlama]

would all that apply even though he has admitted being liable to pay me and my new employer having a signed statement that he has said he will pay all monies due up until the day the new company took over. i think he has paid all other employees their outstanding holiday pay, but i was missed off because he didnt think i was entitled to it while on leave

[mariefab]

Yes.

Any other arrangements made between the transferor, other employees and the transferees are irrelevant to your case.

 

Once the transfer was complete your new employer became liable to comply with all your statutory and contractual rights and entitlements including accrued holiday entitlement.

 

Imagine if thousands of employees were transferred to a new employer. It would be pretty unfair if every one of them had to chase up their former employer for outstanding or accrued payments or entitlements.

This sort of thing is exactly what the TUPE regs. are about.

[farmlama]

ok, thankyou for your help i will speak to my new employer, they seem nice enough so hopefully wont be a problem

[Bigredbus]

'mariefab' is absolutely right...

 

The transferee (your new employer) takes over all the transferor's (your old employer) rights, powers, duties, and liabilities under the employment contracts...

[farmlama]

Ok so its a bit confusing so i will try to make sense of this.

 

I applied for the position of deputy manager of a restaurant in june last year, attended the interview and at the end of the interview was told that there wasnt actually the deputy manager position available but there was a team leader position and the current deputy manager (who was the general managers partner) was due to be stepping down by the end of the summer so would be able to move up then. this never happened.

 

In February both the general manager and deputy manager were dismissed for neglecting their duties, we were assigned a holding manager who was with us for about 12 weeks. this manager favoured one particular member of the bar staff and began training him up to become team leader. i asked him if i would be able to go for the deputy position as the position was now open, my response was that he believed that all deputies should be trained up to general manager standards and that team leaders should be at the deputy level and although i was at the level of deputy manager i wasnt yet at the stage to be general manager so he wouldnt let me have the deputy position IYKWIM. meanwhile i was carrying out all the duties of the deputy manager and many of the general manager duties also.

We then had another holding manager for 2 weeks who was brilliant, couldnt fault him, but he was moved onto another premises and we had manager 'S' for 5 weeks and thats where the problems really started.

 

The day before S started he and his partner (who wasnt working for the company) came to the premises to move into the flat upstairs, I introduced myself and during a conversation to his partner she told me that she knows that everyone will think S is a p**ck and the 1st thing he will do is remove management functions from everyones till keys including team leader (being myself) because clearly everyone had been stealing stock and they were dreading seeing the stock take results. The next morning was S first shift and the day i would normally carry out the stock take. i began the count and half way through got told i wasnt doing it as he was doing it. Later that day i asked him what the stock result was and he said it was quite good.

 

I told him that i felt i deserved an apology from his partner because the good stock result was proof that nobody had been fiddling the stocks and told him her remarks and that i felt a bit undermined that he hadnt felt to consult with me with the stock count and that as had been the person responsible for counting the stocks for the past 4 months i felt that i should have been with him while he carried it out (he did it wrong at first by the way, he missed some things off and counted some champagnes on the wrong lines, i had to correct him on this). i said i felt he had no faith or trust in me and his response was that as Holding manager the stock is his responsibility and he didnt want anyone else doing it as he didnt know anyone enough to trust them and it would be like letting a stranger look after your wallet, when i questioned him about mutual trust and confidence he claimed that it doesnt apply to our contract (obviously had no concept of employment law)

 

over the next few weeks many of my duties were removed from me including creating the rota, which also resulted in my shifts being cut and changed without consultation. i was the only other member of management other than him, but he didnt consult with me about anything and i often foud out things from the waiters relevant to the business where he had chatted with them but not told me.

 

I have 2 small children aged 1 and 3 and my sister had been looking after them on weekends, but she had booked a last minute break and was unable to have them on saturday 11th june or sunday 12th june, i have no other family around me and couldnt find any cover for the saturday so phoned work and spoke to S on the thursday 9th june to tell him i woulnt be able to work the 11th as didnt have childcare and would need to take a day off for dependants (my 1st request during my employment). S told me i had to work as he had that weekend booked off as holiday, i felt pressured and said i would have to come in and open up and close shift but bring them with me, but i would have to put them to bed in the flat upstairs and just be around for if there was a problem in the restaurant.

 

I went in for the saturday morning shift with my girls and opened up and did a bit of office work and had lunch in the restaurant with the girls so that i was on hand if the staff had any problems, i the had to return some borrowed stock to another premises in the chain of restaurants and finished my shift at 2, i returned at 6 for the evening shift and discovered that he had only rotad 4 other members of staff on for the evening (theres normally 7 on a saturday night) so there was no way i could be 'behind the scenes' so to speak and just be around if the staff needed me, i felt pressured to have to work in the restaurant and put the girls up to bed in the flat which was horrible as i felt like a crap mother for doing it but at the same time felt obliged to help my collegues as the workload was more than they would cope with.

 

S and his partner returnd on monday evening and his partner took me to one side at the end of the evening and told me that my 3 year old had gotten hold of his cheque book and scribbled in in. i apologised and said i didnt realise but i had told him tha i couldnt work and he refused me time off for dependants, she proceeded to tell me i was out of order for wanting it as he very rarely has weekends off and i was irresponsible and i should have arranged to have someone up with the girls watching them (if i could do that i wouldnt have needed the TOD and was under the impression i would be able to watch them myself and only have to be on hand to deal with a major issue).

 

The next day (tuesday) i would normally start at 8am, but s had rotad me to start at 1pm till 3pm then back at 6- finish. i came in at 1 and did my shift but the whole time i felt tense inside and really couldnt cope with being there anymore. i felt i had been refused my rights for time off for dependants and put in a situation that had forced me to have to leave my children in the flat and then made to feel guilty about it, so when my lunch shift finished i sent an e-mail to the area manager telling him that i felt there was no mutual trust and confidence and i felt i was the victim of indirect sex discrimination and therefor was resigning with immidiate effect as i felt i could no longer carry on working for the company.

 

later that day the area manager phoned me to ask the reasons i felt i had to leave and said he understood and would write to me to invite me to a grievance meeting. The meeting was held yesterday (28th june) and he agreed that i had been treated wrongly and apologised, he said he will pay me a weeks notice pay despite that i left without notice and will be sending me a letter with the outcome of the meeting which may include an offer for re-instatement possibly in another premises. S has now been moved on and wont be returning to where i was working. He said there has been no slur on my charachter and he admitted that the restaurant i had been working in had been brushed aside and managed badly as it isnt high risk.

 

I have been told by CAB that i may have a strong case for discrimination but am waiting for an appointment with an employment specialist with them, So i suppose i just want to ask you lovely peoples if you think it is worth me tring to take this to tribunal or if its just too much hasstle than its worth, thank you for taking the time to read my essay, lol

[mr2mr2]

do you want to go back to work for them, thats an important point especially as you have kids?