Employer Rights for Pregnant NHS Worker

helenmonaghanuk

Hello

I know this might not be the best place to post, however I always find the people here to be very helpful and I would appreciate your advice.

I am an NHS nurse and I am 24 weeks pregnant. During my pregnancy I have been off three times, with pregnancy related illnesses. I have had a sick note each time from my doctor confirming this.

However in spite of this I have been summoned to a meeting by my matron to discuss my sickness record, saying they have identified 6 absences within a 12 month period. However only three of these absences are not pregnancy related. A member of the HR department is going to be present and it says in the letter that if I wish I can have a trade union representative, colleague or family member with me. I have only received this letter today (Thursday 30th July), and the meeting is scheduled for Monday the 3rd of Aug. This gives me only three days to prepare and as there are no sisters on my ward in this time I will not have access to my personal records.

It’s also worth noting that on several occasions since becoming pregnant I have requested that a risk assessment is undertaken but to date this has not been carried out. I have also received several comments from managers and other colleagues that have made me to feel like I am making an issue of something out of nothing. As a result I feel I have to carry out tasks that I do not feel safe doing. Such as heavy lifting of patients. When I asked about having a risk assessment the response I got was "why do you need that, you’re not ill".

I am actually currently signed of sick due to Mastitis which as been very painful, and i feel this whole thing is very stressful

I would appreciate any advice you could give me on this matter

Kind Regards

Helen

BabyBetty

Hi Helen,

I would advise you to try to have this meeting rearranged due to the fact that they don't appear to have given you enough time to prepare and to invite a representative to attend with you. Do not go to this meeting without TU representative or support from Colleague or friend/family.

Are you in a union - if so contact them right away.

Another thing I would advise you to do is to look at the sickness absence policy (should state the notice that needs to be given if they are inviting you to an official meeting).

In terms of the risk assessment you need to mention this at the meeting (when you do have this) and insist that this is carried out. Your employer has a duty of care towards you. If there is any heavy lifting involved in your work I would suggest that you refuse to carry this out on the grounds of health and safety of yourself and expectant child.

The other thing that you can do if they insist on having the meeting on Monday 3rd August is to go to your doctors to get a note/letter to state that you are not fit enough to attend this meeting.

This is meeting to discuss your sickness absence and would include making any adjustments to your work that are necessary so that you can safely return to the workplace. Look at this meeting as a two way process - your manager wants to assist you back into work, and you being happy to come back to work once they have carried out a risk assessment and made the necessary adjustments for your safe return and you are well enough to return to work.

Hope this helps.

BB

ohreally

Is the meeting a sickness absence review or a disciplinary hearing?

Given the potential outcome, make contact with your staff side rep asap, if necessary they cab get the meeting postponed.

Your employer has a duty imposed on them to carry out a risk assessment under sec 3 (1) of the management of health and safety at work regs (and sec 16)http://www.opsi.gov.uk/SI/si1999/19993242.htm#16

If the ward manager is reluctant to carry out the RA then alert your health and safety rep and also have a word with oc health.

helenmonaghanuk

Thanks for your replies, I will certainly follow your advice.

ohreally

Do you realise if a risk assesement identifies hazards which can't be adequately controlled and you can't be redeployed into a suitable vacancy then you should be suspended on full pay?

londondulwich

In 1998 the European Court of Justice decided that as pregnancy can only happen to women, action taken on the grounds of a pregnancy related illness, (like morning sickness or mastitis), constitutes direct discrimination on the grounds of sex.

Since then, in 2005, the Sex Discrimination Act 1975 was amended to catch up with the ruling.

surreysaver

It is illegal for pregnancy related sickness to be combined with non pregnancy related sickness for disciplinary purposes. It is also illegal for them not to carry out a risk assesment. You should refuse to work under the grounds of health and safety, as they do not know what they are doing. I hope I never end up as a patient where you work!

LondonDiva

How early can an employer insist a member of staff go on maternity leave if they are no longer able to carry out their job? I thought it was about 6 months?

beccam

LondonDiva wrote: »

How early can an employer insist a member of staff go on maternity leave if they are no longer able to carry out their job? I thought it was about 6 months?

They can't force maternity leave until 36weeks (unless its been changed recently)

To the OP you should have had your risk assessment done weeks ago!! To give my ward manager her dues she used to be cr$p at these things but when I told her I was expecting (early stages) she had the risk assessment done the next week. It's especially needed now as not only usual risks of lifting etc but also swine flu.

As others have said, your pregnancy related sickness is totally seperate from your other sick leave and can't lead to disciplinary action, do not attend the meeting without union rep with you and you are within your rights to request the meeting date is changed until a rep is available and you are fit to attend.

Good luck with it....gotta love the NHS eh?!?;)

londondulwich

Maternity leave cannot start later than the birth of the child. So an employee can continue to work until her waters break.

However, if the employee is absent wholly or partly because of her pregnancy in the four week period before her expected week of childbirth, she will have to start her maternity leave then. The employer can insist on it.

If after giving birth the woman wants to return to work immediately, the employer must refuse. There is a two-week period from the date of childbirth where the employee is prohibited from returning to work. To allow an employee to return within those two weeks is a criminal offence punishable by a fine of up to £500.