Pregnant + suspended for fainting!

splicecom

I think you should sue!

redpete

lifesizedoll wrote: »

So hopefully I can be aware of where I stand.

Anywhere but in a hot gym.

Mips

This link states you must be offered another job role

http://www.compactlaw.co.uk/free_legal_information/employment_law/empf40.html

System

Only if an alternate role is available

jobbingmusician

zzzLazyDaisy wrote: »

That is why the law now makes it clear that it is unlawful to dismiss and/or treat a female employee unfavourably for a reason relating to her pregnancy. In OP's case it seems that the fainting is related to the pregnancy.

If her pregnancy (and/or the fainting associated with the pregnancy) means that she is not able to do her job, then the law has procedures for dealing with that situation. If the employer chooses not to follow those procedures they are likely to find themselves in an employment tribunal.

In this case, the employers are the girl's parents - the council are merely the funding body. But because of the council's involvement, the employer has access to HR advice, and will get short shrift in a tribunal.

This is the crux of the matter.

To summarise - Direct Payments (DP) are very new. If your council is anything like the one I work with (and I run a charity providing a service for people with LD) they will still be sorting out the nitty gritty of how they deal with DP. I bet this case has thrown them into a complete spin!

What should be happening is that the council will be advising the parents on what to do. It is NOT acceptable for them to reduce your hours - this is breaking your contract just as much as sacking you would be. I would not have resigned, in your situation - however, if I have understood you correctly, your resignation has only been verbal?

When I see them next I would have the following in writing to give to them.

Dear Mr and Mrs x

On the telephone on xxxx you stated that you would be changing my contract due to reasons connected with my pregnancy. You will of course be aware that it is unlawful to dismiss and/or treat a female employee unfavourably for a reason connected with pregnancy, however, you are proposing to reduce my hours for exactly this reason. It seems that I have no option but to resign if I am forced to work reduced hours, but I should notify you that my resignation is because my contract is being changed without my agreement. If you accept my resignation I will be claiming constructive dismissal at employment tribunal. I will make it clear to the tribunal that my contract was changed without my consent simply because I was pregnant.

I am prepared to continue my role working with your daughter until I go on maternity leave, and my expected date of confinement is (insert date). Since x council is administering your daughter's direct payments, I suggest you ask them for advice on the employment law related to your suggestion that you change my contract. In the mean time I expect to work, and be paid for, my normal amount of hours this week.

____________________________________
The only thing wrong with this letter is that it is rather confrontational and 'blows' the relationship with the employer! You might like to soften it by adding something about self-management 'Since I fainted I have obtained advice about specific situations to avoid whilst pregnant, and have a range of strategies to reduce the risk of recurrance' - something like that.

It might also be helpful to contact your local Association for Disabled People to see if they have any experience of employment by disabled people of someone who is pregnant. It does sound to me as if the mother is over-reacting, but I can see it is difficult from all sides - disabled people really have been left horribly unsupported, nationally, in the issues of employing carers!!!!