Pregnant-how many hrs are 'long working hours'?

csh_2

Hi all,
I'm currently 14 weeks pregnant and contracted to do 48hrs a week over 5 days from seven. I have been off sick for the last 8 wks with a pregnancy related condition and i'm due to return next week.

I have repeatedly told my manager that i'm no longer comfortable working a 12hr day as i have a manual job and I do get tired quite easily at the moment, despite this he has rostered me in for 2x12hrs as my 1st days back.

I've had a look on the direct gov website to see where i stand with regards to pushing to get these long shifts dropped but it only says 'long working hours' should be avoided.

Anyone know if they can force me to do these long shifts?
Manager just brushes it away when I say I'm not happy and my company is fond of the saying 'the needs of the business demands it' whenever people complain about long days.

Thanks for reading

lukieboy96

You should have a 'Risk assessment' at work now that you are pregnant. When you have this you go through what you can and cannot do. I worked in a nursery and we had to do them on staff when they were pregnant.

I would definitely look after your health, especially if you have already been off work with a prenancy related condition.

good luck

csh_2

Hi thanks for your reply.
I have heard that they should do a risk assessment but they have been aware since January that i am pregnant and they have made no moves to do this.


My manager just asked what i would be uncomfortable doing and i said 12hr shifts and 1 other thing, the other thing has been dealt with but not the shifts. Also when i start back next week its to 2x12hrs so i would have to work these anyway while waiting for the risk assessment that i am going to insist on.


One of the part time assistants has just gone on maternity and there was no risk assessment done for her.

I was hoping really that there would be a legal maximum of hours in a day to work that they would have to honour

ohreally

http://www.hse.gov.uk/pubns/indg373.pdf

clairec79

the what would you feel uncomfrtable doing WAS the risk assessment

ohreally

clairec79 wrote: »

the what would you feel uncomfrtable doing WAS the risk assessment

The risk assessement must be suitable and sufficient, asking a question does not constitute suitable nor sufficient.

bumblebee23

http://www.theyworkforyou.com/wrans/?id=2008-05-22e.202520.h

That link says that the maximum working hours for a pregnant woman is 48, however it does also say that the employer has a duty to protect the health & safety of you and your unborn child. So if the work you are doing is manual and involves lifting of any kind or is in danger of injuring you or your baby then they have to do something about it.

Might be worth visiting your GP and seeing if they can write a letter to your employer stating what you can and can't do? (Not sure if GPs can do this or not, never been in the position myself!)

If all else fails, I would go and speak to CAB, I'm sure they will be able to help you. But don't do 12 hour shifts if you are not comfortable doing them, put it in writing to your manager AND to the HR department that you will not risk your health or the health of your unborn child and surely they will have to do something:/

Good luck!

ohreally

bumblebee23 wrote: »

That link says that the maximum working hours for a pregnant woman is 48

Unless an opt-out is signed. This applies to all employees regardless of pregnancy.

LondonDiva

Bear in mind that if you are unable to work the shifts, they could move you to the 'office' to do filing or serving tea for the 12 hours as that will count as a reasonable adjustment re your pregnancy.

Not sure if they would be able to reduce your pay pro rata to the hours you do, but I do believe they may also be able to argue that you may need to go on maternity leave early if towards the end of your pregnancy you are incapable of doing the job you have been employed for.

That is: manual work / standing is an essential part of the job and you are saying that you are no longer able to do this. You employer could argue that they have no choice but to put you on leave.

Does your company have a maternity policy? Have a read & also, have you discussed some win/win options for your boss? Perhaps increased and regular breaks or some other adjustment.

ohreally

LondonDiva wrote: »

Bear in mind that if you are unable to work the shifts, they could move you to the 'office' to do filing or serving tea for the 12 hours as that will count as a reasonable adjustment re your pregnancy.

ERA S67 (2) (b) - "The terms and conditions......must not be substantially less favourable to her than those corresponding terms and conditions".


The Management of Health and Safety at Work Regulations 1999 S16, deals with the duty on the employer to risk assess and if necessary to suspend on full pay.

LondonDiva wrote: »

I do believe they may also be able to argue that you may need to go on maternity leave early if towards the end of your pregnancy you are incapable of doing the job you have been employed for

Getting right into the realms of sex discrimination here. I suspect any employment tribunal would take a very dim view of an employer taking that route.

LondonDiva

ohreally wrote: »

ERA S67 (2) (b) - "The terms and conditions......must not be substantially less favourable to her than those corresponding terms and conditions".

The Management of Health and Safety at Work Regulations 1999 S16, deals with the duty on the employer to risk assess and if necessary to suspend on full pay.

I disagree. If say the company was a deep sea diving school & the OP was unable to dive due to the pregnancy, the employers have the right to ask her to do the filing or other work they deem suitable for the remaining duration of the pregnancy rather than suspend on full pay.

The suspension on full pay would only apply if there were no alternative areas to divert her to. Her ts & cs would remain the same as she would be getting the same pay & 'perks' as before, but was doing a different role as her current role was not appropraite durign the pregnancy.

ohreally wrote: »

Getting right into the realms of sex discrimination here. I suspect any employment tribunal would take a very dim view of an employer taking that route.

Have had a rumage round & apparently the employer can insist that an employee begin maternity leave 4 weeks early if there is preganacy related illness around that time.

Again I think this part of the regs comes down to balacing reasonable adjustments for pregancy v needs of the business / service.