Pregnant + suspended for fainting!

lifesizedoll

I am 12 weeks pregnant and a support worker for a woman with learning disabilities who still lives with her parents. Her parents employ me but the council pay me and deal with all the contracts etc. Last wednesday I took her to the gym and fainted whilst stood watching her, I took her home and then got checked out by my doctor. The next time I was supposed to be in was tuesday as I had already booked the others off. I rang her parents on tuesday morning to see what time she would want to go out, and the phone was answered rudely by her mother saying that she wasn't happy with me and that I wasn't safe to take her daughter out. She stated that my pregnancy was not their problem and that I should have told them earlier about my pregnancy (I told them at 8 weeks), she told me to go and meet with them at 1pm. I met them at 1pm and I was told they had just spoke with the council department and that I would be suspended with full pay until further notice for the safety of their daughter. I was told my contract will probably be terminated, but if if isn't then I will have to sign a new 20 hour a week contract (less than my hours now) and will have to ring them every hour when I am out with her. They told me that I should leave if I cannot do my job. I spoke to the council department today to confirm this and they said I will have this week suspended and next week I will have to take the rest of my remaining holidays. But to be honest I am so upset about all of this, I really don't want to work for them again, they have made me feel like I have committed an offence! I have spoke to the citizens advice and ACAS but they haven't been much use. Please could someone give me some advice on this whole messed up situation?

viclspence

don't know much about this, but i'm pretty sure that stating you should have told them earlier about the pregnancy really is them admitting they have a problem with it. You aren't obliged to tell anyone to well past 8 weeks, but obviously you took the view that it was best to for both the client and your safety. I'd go to the citizen advice bureau or your union if you have one and see what they say.

whitewing

Try speaking to your midwife - she may be able to point you in the direction of some help.

Try ACAS again, as you may get someone else who can explain things differently so it makes more sense.

It seems unfair to me but if they are genuinely worried about their daughter I can sort of understand.

lifesizedoll

Yes I definately need some more advice. Yes I agree if they are concerned for her and I would not want any harm to come to her as we get on very well, I am just upset at how her parents are dealing with the situation, as when I did faint I rang her parents so I knew she had somewhere to go, and then I aranged for my partner to pick us both up and we took her home, and then I went to the doctors. So I am upset that they are saying I am not safe to be out with, and after reading about employee's risk's whilst pregnant it states they should have carried out a risk assessment, so the fact that I was stood up for a long period of time in a hot gym is a risk. So I feel like I am being dismissed for a problem which occurred through their negligence.

blckbrd

Hmmm seems like all this could only happen to a woman huh? sexual discrimination maybe?

Info on pregnancy at work for you http://www.businesslink.gov.uk/bdotg/action/layer?=en&topicId=1080898065

Have a read then go get some advice. Apparently payouts for unlawful discrimination can be huge.

DaisyFlower

lifesizedoll wrote: »

Yes I definately need some more advice. Yes I agree if they are concerned for her and I would not want any harm to come to her as we get on very well, I am just upset at how her parents are dealing with the situation, as when I did faint I rang her parents so I knew she had somewhere to go, and then I aranged for my partner to pick us both up and we took her home, and then I went to the doctors. So I am upset that they are saying I am not safe to be out with, and after reading about employee's risk's whilst pregnant it states they should have carried out a risk assessment, so the fact that I was stood up for a long period of time in a hot gym is a risk. So I feel like I am being dismissed for a problem which occurred through their negligence.

A risk assessment would not have put standing in a gym as a risk so they have not been negligent at all. It could have happened anywhere and they would have no way of knowing you were going to faint. Had you warned them you could not be in hot places?

From their point of view, if you are fainting then their daughter is at risk and the suspending on full pay is fair enough until a way forward is established. However, they should not be able to alter your contract re hours without your approval.

snapping_crocodile

As others have said I think you need to talk to ACAS/citizens advice again. You did everything right in maintaining her safety. I think it is a bit harsh of the council to suspend you, and my feeling is that they would be on dodgy ground if they took the matter any further, but I am no legal eagle, so you definitely need professional advice. I can also totally understand why you dont really want to work for them again :rolleyes:

lifesizedoll

No I have been fine, but when reading about pregnancy risk assessments, it says risks are hot environments, and standing for long periods of time, but because no assessment was carried out then me and the employer where not to know about this risk.

snapping_crocodile

DaisyFlower wrote: »

From their point of view, if you are fainting then their daughter is at risk and the suspending on full pay is fair enough until a way forward is established. However, they should not be able to alter your contract re hours without your approval.

I understand that their daughter was at risk because of the fainting, but someone can faint for a number of reasons unrelated to pregnancy as well, and whilst i appreciate the safety angle, the OP did go and see her GP straight away, and I am assuming was given a clean bill of health? I think it is therefore a slight over reaction to suspend her

lifesizedoll

Yes they checked my blood pressure and said I was fine and that standing for long periods whilst pregnant can cause reduced blood pressure which can result in fainting. Which I wasn't aware of as I would have suggested taking her somewhere else.

kingfisherblue

Congratulations on your pregnancy.

As snapping_crocodile has said, people can faint for all sorts of reasons - standing for a long time in a hot environment can be one. That's when I tend to pass out (when I worked in a shop, the manager found me on the floor behind the counter on more than one occasion because of this).

Although you have said that you are suspended on full pay for a week, you then say that you have to take your remaining holidays next week - I'm not sure that you can be forced to do this, but I'm no expert so I could easily be wrong.

As others have said, ring ACAS again, you might get a different advisor. You could also try the Maternity Alliance or Maternity Action.