Pregnant + suspended for fainting!

unemployedJCP

A good result. You are only suspended not sacked and you are being paid for doing nothing right now. You fainted although something that might be a one off it could be an bigger issue. Such action might be for YOUR safety as well as that of the person you care for.

The situation as you describe was you fainted while standing. What if you fainted while driving (I assume you drove to the gym) yourself, your unborn baby and the client to the next place? You could be a liability.

Don't take it personal about the mother being rude to you - she is only being over-protective. Not ideal and not exactly "fair" but thats life.

I can't see how they can terminate one contract replacing it for less hours in another. Perhaps what they meant was getting you to sign an updated contract with new terms of support. Although I have to admit I wasn't there and don't know what the ins and outs were and dont know what context the information you have given was initially in but perhaps the new contract idea was a compromise from them overacting due to not having enough experience of pregnancies etc. instead of discrimination?

Some good advice here. Follow kingfisher's proposed plans of action.

How about the relationship of yourself and your client? Is it vital for the familiar face rather than being replaced (I know its not the point) as trust issues are very important. So you should focus on that aspect and you being good at your job when with any meetings/discussions with the council.

I also think you need to suck up to the mother and apologise. Yes, you didnt choose to faint so wasn't your fault but its not good for her mum to be so rude and disrespectful to you - and to keep reporting back complaining to the council (any lies could constitute Gross Misconduct although they would have to follow procedure). Would be best for you to try and make peace.

Lady007

I disagree that suspension was necesssary. On what grounds were you suspended? Was it medical suspension?

Do not agree to use your annual leave. The council should put you on special leave paid. Insist on this. AS you know, u have done nothing wrong and whilst pregnant woe betide any employer who messes any woman about. Sexual discrimination comes to mind. Had you been a man and fainted would they have suspended you. I think not.

Ask the Council to carry out a risk assessment and then insist that they find you another placement. Your pregnant. Not sick.

Savvy_Sue

DaisyFlower wrote: »

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?

Except that I think a risk assessment WOULD identify standing in a hot environment as putting a pregnant woman at risk of fainting. It's certainly the only time I've fainted - pregnant, standing in a long queue for a hot drink in a hot cafe at the gym ...

unemployedJCP wrote: »

The situation as you describe was you fainted while standing. What if you fainted while driving (I assume you drove to the gym) yourself, your unborn baby and the client to the next place? You could be a liability.

COULD be a liability, but one is far more likely to faint while standing than while sitting down. And having been given a clean bill of health, the OP is no more likely to faint than any of us are to have a heart attack while driving! I find this ever so slightly scare mongering!

jaffacakes82

You can't be suspended from work for being pregnant, it's absolutely ridiculous. It sounds to me as though the parents have bended the ears of your boss and made it sound as lot worse than what it was and probably demanded something be done. Their daughter wasn't hurt... you still managed to get her home and you've been fine ever since... I don't see what the fuss is about.

Had your boss given you a risk assessment when you informed them of your pregnancy,you probably would have known not to stand for long periods and sat down on a chair.

Fair enough perhaps the parents would prefer you to be assigned a new case, helping another person and not their daughter, but causing a fuss and getting you suspended is discriminating against pregnancy (which is against the law).

Did you give your side of things to the boss? Or were they not prepared to listen? What is the reason they've given for suspension? Did it come direct from HR or just your boss?

Do you have a Union rep or HR Manager at the council you can speak to regarding this? Legal rights for pregnant women state you DON'T HAVE to inform your employers of your pregnancy until 15 weeks prior to your due date. So if they didn't know yet this would probably be a completely different story... poor you for fainting.

Good Luck, let us know how you get on.

lifesizedoll

Well it's a very complicated situation, not like in a normal place of work because I am told when I speak to the council that her parents are my employer so I need to resolve it with them, but I stated I had nowhere else to turn and if I worked somewhere else there would be a higher department that I could go to. But then when suspension, contracts and money are involved, it is the council who do all that, as her parents just ring through my hours. Her parent's also say I shouldn't speak with the council as they are my employers but what else do I do when they are not acting like they are. I have had lots of jobs whilst going through college and uni so I know the procedures for different situations and the set up of this job is very poor. I would advise anyone not to work through the council and direct payments and do this job through an agency.

Savvy_Sue

Stuff what the employer says, ask the council what you should do if you have a grievance against your employer, since they are administering the payroll side of things I'd be surprised if they couldn't advise you.

mikey72

Could be a hard greivance to uphold.
It's not the pregnancy that's the issue.
It's the risk assessment on providing continuous one to one care for the child.
So it’s the childcare issue associated with the fainting.
In a school it would be covered by other members of staff in the same building, same as having a teacher who may be epileptic, or suffer from diabetes.
If there is any risk of fainting while out with a child, they probably wouldn't be allowed alone.
Also, dependent on the age of the child, if the op's boyfriend has to run them home, if he continues to, or there is a likelyhood of him on a regular basis, a CRB check may be needed, for example if the op has to be taken to hospital.
The employer could offer alternative duties were available, but probably not in this case.
The op needs to seek legal advice, as do the employer if it comes to it.

francispybis

im not going to read through all of the comments lol, however the way i see it is its probably a fair point.

If you're liable to faint while looking after a child out of their own home, then it is probably unsafe. If you're on full pay you may have to just take early maternity leave

adouglasmhor

mikey72 wrote: »

Could be a hard greivance to uphold.
It's not the pregnancy that's the issue.
It's the risk assessment on providing continuous one to one care for the child.
So it’s the childcare issue associated with the fainting.
In a school it would be covered by other members of staff in the same building, same as having a teacher who may be epileptic, or suffer from diabetes.
If there is any risk of fainting while out with a child, they probably wouldn't be allowed alone.
Also, dependent on the age of the child, if the op's boyfriend has to run them home, if he continues to, or there is a likelyhood of him on a regular basis, a CRB check may be needed, for example if the op has to be taken to hospital.
The employer could offer alternative duties were available, but probably not in this case.
The op needs to seek legal advice, as do the employer if it comes to it.

She cares for an Adult with special needs not a child.
Regardless as an employee she has rights and the parents had no right to take the action they did. They have failed in their duties as employers.

adouglasmhor

francispybis wrote: »

im not going to read through all of the comments lol, however the way i see it is its probably a fair point.

If you're liable to faint while looking after a child out of their own home, then it is probably unsafe. If you're on full pay you may have to just take early maternity leave

It is not a child. 1st post makes this clear.