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Pregnant and Struggling
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winbig82
- Posts: 6
- Joined: 09 Jun 2011, 06:09
- Gender: Female
Pregnant and Struggling
Hi, Im nearly 11 weeks pregnant and im really struggling at work at the moment, I feel awful and exhausted and my round is taking me about 2 hours longer to complete every day and then Im going home to bed and getting up the next day to try and do it all again..... I spoke to my boss who wasnt really helpful, instead he makes me feel its my fault I got myself pregnant and hasnt even done a risk assessment yet?? Hes known about my pregnancy for 6 weeks.... Is this right? What help can I ask for or because im still not far gone can I not get any? Im getting really stressed because I dont want to seem lazy or put my boss out but I really am not coping very well at the moment, im on the verge of tears every day - If anyone has any advice Id be really grateful.
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Pregnant and Struggling
Health & Safety
for pregnant women
All workers have a right to be protected from hazards at work and employers have a duty to care for the health and safety of their employees. However, pregnant women have specific rights to protection at work, for themselves and their unborn child.
Employers have three specific duties:
1.To carry out a risk assessment. As soon as it is known that an employee is pregnant, a risk assessment should be carried out on their job.
Risk assessment should:
Identify all significant hazards to health and safety
Assess the risks they pose
Implement necessary effective control systems
Inform, instruct and train employees
Check the system works
Review the system controls and plans
2.To make temporary changes to working conditions and/or working hours to avoid exposure to health risks. If, having assessed a duty, the employer identifies a risk to a pregnant woman or an unborn child, they must provide alternative work which does not present any risk. Where a risk is identified as being the result of shift-working, the employer must provide alternative working patterns which do not
present a risk to the mother or unborn child.
3.To send an employee home on full pay if suitable alternative work cannot be provided. If suitable alternative work is offered, it is expected that an employee will undertake such work. Should a woman refuse to do so unreasonably, she would forfeit her rights to be sent home on full pay.
The directive also covers new mothers, which means for a period after the baby is born women are still covered by the act.If a woman feels that her health is being in any way put at risk, by any work she is being asked to undertake, or if she feels that anything she is being asked to do may pose a danger to her new child, she should consult her branch
http://www.cwu.org/assets/_files/docume ... Rights.pdf" onclick="window.open(this.href);return false;
http://www.hse.gov.uk/pubns/indg373.pdf" onclick="window.open(this.href);return false;
Speak to your H&S rep if you have one or your Area H&S rep.
If your manager refuses to carry out a risk assessment immediately and by that i mean today...refuse to continue with your delivery.
I would not usually advise anyone to refuse to do anything but your health and the health of your unborn child is being put at risk by the inaction of your manager.
If it became known that your manager has known about your pregnancy for six weeks and not carried out a risk assessment they would most likely face a gross misconduct charge.
for pregnant women
All workers have a right to be protected from hazards at work and employers have a duty to care for the health and safety of their employees. However, pregnant women have specific rights to protection at work, for themselves and their unborn child.
Employers have three specific duties:
1.To carry out a risk assessment. As soon as it is known that an employee is pregnant, a risk assessment should be carried out on their job.
Risk assessment should:
Identify all significant hazards to health and safety
Assess the risks they pose
Implement necessary effective control systems
Inform, instruct and train employees
Check the system works
Review the system controls and plans
2.To make temporary changes to working conditions and/or working hours to avoid exposure to health risks. If, having assessed a duty, the employer identifies a risk to a pregnant woman or an unborn child, they must provide alternative work which does not present any risk. Where a risk is identified as being the result of shift-working, the employer must provide alternative working patterns which do not
present a risk to the mother or unborn child.
3.To send an employee home on full pay if suitable alternative work cannot be provided. If suitable alternative work is offered, it is expected that an employee will undertake such work. Should a woman refuse to do so unreasonably, she would forfeit her rights to be sent home on full pay.
The directive also covers new mothers, which means for a period after the baby is born women are still covered by the act.If a woman feels that her health is being in any way put at risk, by any work she is being asked to undertake, or if she feels that anything she is being asked to do may pose a danger to her new child, she should consult her branch
http://www.cwu.org/assets/_files/docume ... Rights.pdf" onclick="window.open(this.href);return false;
http://www.hse.gov.uk/pubns/indg373.pdf" onclick="window.open(this.href);return false;
Speak to your H&S rep if you have one or your Area H&S rep.
If your manager refuses to carry out a risk assessment immediately and by that i mean today...refuse to continue with your delivery.
I would not usually advise anyone to refuse to do anything but your health and the health of your unborn child is being put at risk by the inaction of your manager.
If it became known that your manager has known about your pregnancy for six weeks and not carried out a risk assessment they would most likely face a gross misconduct charge.
good times, bad times you know I've had my share
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brothermagrew
- Posts: 3015
- Joined: 06 Aug 2007, 16:38
- Gender: Male
- Location: Shares a border with England to the south.
Re: Pregnant and Struggling
Well done brother fishtank spot on.
Winbig82 could also view http://www.londonmet.ac.uk/library/a67023_3.PDF" onclick="window.open(this.href);return false;
Winbig82 could also view http://www.londonmet.ac.uk/library/a67023_3.PDF" onclick="window.open(this.href);return false;
Last edited by brothermagrew on 10 Jun 2011, 16:44, edited 1 time in total.
"Today’s workplace has become heartless and soulless. Employees are seen as units of labour, automatons, functionaries, objects for achieving designated tasks, and as costs to be minimised."
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music4essex
- Posts: 717
- Joined: 15 Oct 2009, 16:18
- Gender: Female
Re: Pregnant and Struggling
Hi, In the late 90.s I was having a baby and there is a booklet you can get from the union that tells you all aboutwhat happens in RM to protect you, also I was found indoor work, as at the time I was a driver, and I also had SA driving and when it was impossible for me to do those RM had to pay me them even though I did not peform them, though RM management don't like it, the top union found a letter for me to show RM.
AS others have said your manager has to do a risk assement because quite a few years back a women lost her baby while on delivery as they never helped her out and RM got puled over the coals about it.
Good luck, my boy is now 13
Essex mum
AS others have said your manager has to do a risk assement because quite a few years back a women lost her baby while on delivery as they never helped her out and RM got puled over the coals about it.
Good luck, my boy is now 13
Essex mum
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robinhood
- Posts: 89
- Joined: 04 Mar 2008, 07:55
Re: Pregnant and Struggling
fellow colleagues are spot on in thier advice.winbig82 wrote:Hi, Im nearly 11 weeks pregnant and im really struggling at work at the moment, I feel awful and exhausted and my round is taking me about 2 hours longer to complete every day and then Im going home to bed and getting up the next day to try and do it all again..... I spoke to my boss who wasnt really helpful, instead he makes me feel its my fault I got myself pregnant and hasnt even done a risk assessment yet?? Hes known about my pregnancy for 6 weeks.... Is this right? What help can I ask for or because im still not far gone can I not get any? Im getting really stressed because I dont want to seem lazy or put my boss out but I really am not coping very well at the moment, im on the verge of tears every day - If anyone has any advice Id be really grateful.
The one thing that has to be made clear, that most people misunderstand, that the 1st 3 months are crucial, so all lifting should be eradicated.
here is advice i was given by a london colleague.
the DOM, workplace safety rep and the pregnant member need to sit down and carry out a risk assessment to cover her whilst she is in work (management can find the pregnant woman's risk assessment on royal mail's intranet under the safety link). The risk assessment needs to be carried out jointly every 3 months. the first 3 months of the members pregnancy requires for All manual handling activities to be eliminated from workload to avoid the risk of miscarriage.
Management tend to put members on a light duty during this period. Remember to prompt question's during these risk assessments like;
1. doctor's advise?
2. has the pregnant member experienced any high blood pressure, dizziness etc.?
3. Is this her first pregnancy?
4. if not, was there any complications during her previously pregnancy's ie, miscarriage, high blood pressure, Preeclampsia?, premature birth?
The member will tell you the information you will need to identify work she can and can't carry out. If the pregnant woman has many medical issues during pregnancy, ask manager to refer member to ATOS for an assessment and for member to see their GP or midwife for advise on what activities are safe for her to carry out.
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Stormproof
- Posts: 6116
- Joined: 07 Jul 2007, 21:03
- Gender: Female
Re: Pregnant and Struggling
I stayed on my duty as a packet driver until I was nearly 6 months pregnant but the workload in the early 90's was a lot lighter. Then I was sent to the MC for nearly 2 months as there was no light duties at the DO for me.
Your DOM is a w****r and needs hauling over the coals for making you struggle through.
Your DOM is a w****r and needs hauling over the coals for making you struggle through.
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
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brothermagrew
- Posts: 3015
- Joined: 06 Aug 2007, 16:38
- Gender: Male
- Location: Shares a border with England to the south.
Re: Pregnant and Struggling
Lack of enforcement
There is a profound absence of enforcement of the health and safety laws in place to protect pregnant women in the workplace. The responsibilities for enforcement are divided between the HSE and Local Authorities and there is little evidence of action by any of these agencies. The onus for pursuing enforcement lies with individual women. There is no requirement for employers to proactively monitor and report on compliance. Women who pursue matters through the Employment Tribunals face significant delays and substantial costs.
Failure to conduct a risk assessment can amount to sex discrimination. Women commonly resort to leaving work or taking sick leave rather than making a tribunal claim for failure to undertake a risk assessment. There is currently no time limit for completion of a risk assessment.
Failure to make adjustments to manage risks is an area of particular concern. Many adjustments can be made simply and at no cost to the employer. There is no clear route of action for women where adjustments are not made.
There is a profound absence of enforcement of the health and safety laws in place to protect pregnant women in the workplace. The responsibilities for enforcement are divided between the HSE and Local Authorities and there is little evidence of action by any of these agencies. The onus for pursuing enforcement lies with individual women. There is no requirement for employers to proactively monitor and report on compliance. Women who pursue matters through the Employment Tribunals face significant delays and substantial costs.
Failure to conduct a risk assessment can amount to sex discrimination. Women commonly resort to leaving work or taking sick leave rather than making a tribunal claim for failure to undertake a risk assessment. There is currently no time limit for completion of a risk assessment.
Failure to make adjustments to manage risks is an area of particular concern. Many adjustments can be made simply and at no cost to the employer. There is no clear route of action for women where adjustments are not made.
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"Today’s workplace has become heartless and soulless. Employees are seen as units of labour, automatons, functionaries, objects for achieving designated tasks, and as costs to be minimised."
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brothermagrew
- Posts: 3015
- Joined: 06 Aug 2007, 16:38
- Gender: Male
- Location: Shares a border with England to the south.
Re: Pregnant and Struggling
Pregnancy Discrimination in the Workplace
Despite significant developments in the law over the last 30 years, many employers continue to discriminate against pregnant employees. Every year, 30,000 women are sacked or forced to leave their employment because of pregnancy. A further 200,000 face other kinds of discrimination.
It has long been established law that less favourable treatment on the grounds of pregnancy is a form of sex discrimination (Webb v EMO Air Cargo (UK) Ltd (1995)).
However, in October 2005, the Sex Discrimination Act 1975 was changed to make this protection clear. The amendment confirms that discrimination will arise if a woman suffers less favourable treatment either on the grounds of her pregnancy or because she wants to exercise her right to maternity leave (section 3A).
Section 47C of the Employment Rights Act 1996 also protects a woman from suffering a detriment on the grounds of her pregnancy. This can include any of the following:-
◦Pressure to resign
◦Insensitive remarks
◦Unfair selection for redundancy
◦Refusal of training or promotion opportunities
◦Failure to carry out an adequate risk assessment (see below)
In some circumstances, the discrimination would entitle the pregnant employee to resign and claim 'Constructive Dismissal'. This is where an employee resigns in circumstances where she feels unable to continue work due to the employer's conduct (Section 95(1)(c) Employment Rights Act 1996). It is treated as a dismissal and compensation can be claimed.
Failure to carry out a risk assessment
The Management of Health and Safety at Work Regulations 1999 require an employer to carry out a risk assessment in the workplace, including assessing the particular risks for pregnant women. This risk assessment is carried out in two stages.
The first stage is an assessment of the general risks to pregnant women in the work place.
The second stage, to be carried out in the event of an employee becoming pregnant, is an assessment of the specific risks to that particular pregnant employee.
An employer's failure to carry out an adequate risk assessment in respect of a pregnant employee is a form of sex discrimination (Hardman v Mallon t/a Orchard Nursing Home (2002)).
Unfair Dismissal
Dismissal for pregnancy or for reasons connected to pregnancy may be unfair in two separate situations.
The first is where a woman is dismissed for being pregnant or for pregnancy related reasons, either during her pregnancy or during her maternity leave. Such a dismissal would be automatically unfair under section 99 of the Employment Rights Act 1996. This includes dismissal for pregnancy related sickness (Brown v Rentokil Ltd (1998).
The second is where an employer refuses to allow an employee on maternity leave to return to work. This would be a breach of the employee's right to return to work and would amount to an unfair dismissal (Regs 18 and 20 of the Maternity and Parental Leave Regulations 1999).
An employer will rarely admit that an employee has been dismissed for bring pregnant. However, if an employee is dismissed whilst pregnant, it will be for the employer to prove that the dismissal was for a fair reason and not because of the pregnancy.
Compensation
If an employee has been unfairly dismissed from her employment, she will be entitled to compensation. This is made up of a 'basic award' and a 'compensatory award'. The basic award is determined by the employee's age and length of time in employment. It is calculated in the same way as a redundancy payment.
The compensatory award is intended to compensate the employee for loss of employment, that is the financial loss resulting from the dismissal. This includes loss of wages up to the date of the Employment Tribunal hearing, as well as future losses. If the dismissal contains an element of sex discrimination, the employee will also be entitled to additional compensation for injury to feelings and any resulting health problems.
There is no limit to the level of compensation that an Employment Tribunal can award for pregnancy discrimination and it will always award at least £750.00.
If you believe that you have suffered less favourable treatment as a result of being pregnant, it is recommend that you obtain legal advice as soon as possible. There are strict time limits applying to discrimination and unfair dismissal claims. You should therefore contact a solicitor straight away in order to protect your position.
Despite significant developments in the law over the last 30 years, many employers continue to discriminate against pregnant employees. Every year, 30,000 women are sacked or forced to leave their employment because of pregnancy. A further 200,000 face other kinds of discrimination.
It has long been established law that less favourable treatment on the grounds of pregnancy is a form of sex discrimination (Webb v EMO Air Cargo (UK) Ltd (1995)).
However, in October 2005, the Sex Discrimination Act 1975 was changed to make this protection clear. The amendment confirms that discrimination will arise if a woman suffers less favourable treatment either on the grounds of her pregnancy or because she wants to exercise her right to maternity leave (section 3A).
Section 47C of the Employment Rights Act 1996 also protects a woman from suffering a detriment on the grounds of her pregnancy. This can include any of the following:-
◦Pressure to resign
◦Insensitive remarks
◦Unfair selection for redundancy
◦Refusal of training or promotion opportunities
◦Failure to carry out an adequate risk assessment (see below)
In some circumstances, the discrimination would entitle the pregnant employee to resign and claim 'Constructive Dismissal'. This is where an employee resigns in circumstances where she feels unable to continue work due to the employer's conduct (Section 95(1)(c) Employment Rights Act 1996). It is treated as a dismissal and compensation can be claimed.
Failure to carry out a risk assessment
The Management of Health and Safety at Work Regulations 1999 require an employer to carry out a risk assessment in the workplace, including assessing the particular risks for pregnant women. This risk assessment is carried out in two stages.
The first stage is an assessment of the general risks to pregnant women in the work place.
The second stage, to be carried out in the event of an employee becoming pregnant, is an assessment of the specific risks to that particular pregnant employee.
An employer's failure to carry out an adequate risk assessment in respect of a pregnant employee is a form of sex discrimination (Hardman v Mallon t/a Orchard Nursing Home (2002)).
Unfair Dismissal
Dismissal for pregnancy or for reasons connected to pregnancy may be unfair in two separate situations.
The first is where a woman is dismissed for being pregnant or for pregnancy related reasons, either during her pregnancy or during her maternity leave. Such a dismissal would be automatically unfair under section 99 of the Employment Rights Act 1996. This includes dismissal for pregnancy related sickness (Brown v Rentokil Ltd (1998).
The second is where an employer refuses to allow an employee on maternity leave to return to work. This would be a breach of the employee's right to return to work and would amount to an unfair dismissal (Regs 18 and 20 of the Maternity and Parental Leave Regulations 1999).
An employer will rarely admit that an employee has been dismissed for bring pregnant. However, if an employee is dismissed whilst pregnant, it will be for the employer to prove that the dismissal was for a fair reason and not because of the pregnancy.
Compensation
If an employee has been unfairly dismissed from her employment, she will be entitled to compensation. This is made up of a 'basic award' and a 'compensatory award'. The basic award is determined by the employee's age and length of time in employment. It is calculated in the same way as a redundancy payment.
The compensatory award is intended to compensate the employee for loss of employment, that is the financial loss resulting from the dismissal. This includes loss of wages up to the date of the Employment Tribunal hearing, as well as future losses. If the dismissal contains an element of sex discrimination, the employee will also be entitled to additional compensation for injury to feelings and any resulting health problems.
There is no limit to the level of compensation that an Employment Tribunal can award for pregnancy discrimination and it will always award at least £750.00.
If you believe that you have suffered less favourable treatment as a result of being pregnant, it is recommend that you obtain legal advice as soon as possible. There are strict time limits applying to discrimination and unfair dismissal claims. You should therefore contact a solicitor straight away in order to protect your position.
"Today’s workplace has become heartless and soulless. Employees are seen as units of labour, automatons, functionaries, objects for achieving designated tasks, and as costs to be minimised."
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drb
- Posts: 1044
- Joined: 30 Jan 2007, 21:44
- Gender: Male
Re: Pregnant and Struggling
Well said Fishtank! A maternal risk assessment at regular intervals! I am totally sympathetic to your issues,(as we all are here on RMC). Everything will be fine. Our employers are not qualified for anything,least of all compassion and understanding. Get in touch with your rep and your area rep and your health and safety rep. If you have no luck then PM me.
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winbig82
- Posts: 6
- Joined: 09 Jun 2011, 06:09
- Gender: Female
Re: Pregnant and Struggling
Thank you for all your responses, here was me worrying I was being unreasonable but it would seem its more my boss! This is my first pregnancy, I had no idea what to expect or how I would feel and this week has been the hardest working week of my life! I dont want to kick up a fuss at work but id be heartbroken to lose my baby because my boss just wants me to get on with it! My Union Rep said "your pregnant, not ill remember" The only thing is, I do feel ill and I dont feel pregnant at the moment!! Ive pushed for the risk assessment again and have been told it will be done on Tuesday when Im 11 weeks - Ill just have to wait and see if it actually happens or not now. Thanks again all :o) x