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Less Hours because of pregnancy


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Hello everyone,

 

My gf informed work this week that she is pregnant at this time we believe she is about 6 weeks gone. Now in her contract it says her hours do vary and she lately has had an ongoing issue with he hours varying so much sometime she will get 12 hours a week and others she will get 30 (although other staff members have a contract for minimum hours for the same job).

 

Being a care worker she has some jobs to do which require 2 people as some need lifting out of bed which obviously she is un-able to do now. Now the problem is that these jobs have been taken off her and given to someone else but they have failed to replace these with jobs that only require one person. should they not have taken the jobs off the person that has been given hers so she is not loosing any more hours.

 

Any info will be appreciated.

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It sounds as though she may be on a zero hours contract.If so, then this arrangement is notoriously precarious, as there is no obligation on either side to either offer work, nor accept it.

 

It is quite right that the employer should remove double handed jobs from the rota, as these very often involve lifting and a Risk Assessment would certainly recommend that these should be handled by staff who are not at additional risk due to pregnancy. It is also understandable however that your partner needs to try and keep the hours up as far as is possible, and without putting her under undue stress - not least because this could have a detrimental effect on Maternity Pay.

 

The zero hours arrangement (if this is the case) unfortunately does not guarantee set hours, and there would be quite an uphill battle in proving entitlement under Custom and Practice, where, as you say the hours already fluctuate wildly, so I would suggest that your girlfriend tries to have a word with the employer and request additional hours where they might be available. Explain that she needs to protect her income as far as possible in order to save for the baby's arrival and hope that they may be able to switch some jobs around.

 

I think you would be hard pressed to make a case for discrimination, and pregnancy is a cause for discrimination on the grounds of Health & Safety - your problem is that there are no fixed hours, and if I am correct, little entitlement to a guaranteed income.

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Thanks for your post. I believe that she is on the contract that you state unfortunately i do not have it to hand to confirm that. The problem we have is that we have a young child so if the office do offer her extra hour she is un-able to accept them due to her having to pick the child up from school, they see this as offering her more hours but she is not accepting them. Where as i see that they should replace the jobs she has had taken off her with jobs from the person that has been given her jobs, which will be the same times that she can do. The jobs are there to be done but instead of taking them off the other worker they are just giving my gf jobs to her as extra's which is just boosting her hours up which to me seems slightly unfair.

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I know exactly what you mean. All I can suggest is to either have a quiet word, or raise a grievance. It should be a relatively straightforward matter to switch some carers' jobs to allow your GF to keep her hours up without cutting anybody else's, but no doubt there will be an argument of some sort against it. Perhaps without making a formal issue of it, the sentence "I feel that I am being punished and am losing money just because I am pregnant" might prick somebody's ears up.....

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The problem we have is that we have a young child so if the office do offer her extra hour she is un-able to accept them due to her having to pick the child up from school

 

She can't moan, imo. If she's offered hours and doesn't take them, that's not the fault of the company.

 

Has a risk assessment been done?

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Sorry i disagree. The office knew before she started employment the school hours could not be done, yet they continue to offer these hours when they knew this, they are just covering themselves making it look like you say that she is refusing work. Risk assessment i believe is due to be done soon.

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