pregnant and dangerous job, please help!

Feisty_Fairy

Hi all,

I hope someone out there can help me as i am getting very stressed and worried about my situation:(. VERY LONG im sorry:o

I work in a home looking after adults with learning dissabilities and challenging behaviour, they can sometimes become violent and this means you can sometimes get a smack or a kick etc:o. Well i am approximately 8 weeks pregnant and have told my employers due to the risks to me and my baby, they were good to begin with and said they were going to do new risk assessments to make the job safer, they could also move me to a less challenging house, however i did originally say i would prefer to stay where i was due to the relationships i have with the clients plus they cannot move me as there are no positions avaiable at the other house that would fit my hours:cool:

last week we were going through the risk assessments together and they asked me to sign the last bit that states 'i have read and understood the above action plan and i am aware of the risks and wish to remain at this house':eek:. I said i wasnt happy about signing anything as it sounds like i am releasing them of any liablilty, my boss then said well you can either sign it and carry on or go on garden leave! I said i didnt want to do that so she said well risk assessments it is then, anyway the week went on and i still hadnt signed it, ( i was also aware that if they cannot remove all risk that i am entitled to be suspended with full pay, the same as air stewards etc) so them telling me about the garden leave just confirmed it.:p

A few days later i went to the docs to get checked out as have been having some dodgy vision etc and the doc is keeping a close eye on me due to previous pregnancy problems (pre eclampsia), he also mentioned that stress will not help as he is aware of where i work and sees it as dangerous, so i went home and discussed this with OH and friends, we came to an agreement that i would take the garden leave and go an tell my boss yesterday morning.

So i did, but my boss started back pedaling and said she needed to speak to Head office and HR and would get back to me, she said they may ask me to go and do iffice work at head office (2 hours drive away). ANYWAY she rang me at 8.15 pm last night and said that the legal team have discussed it between managers etc and consulted ACAS who allegedly told them that because i am not a lone worker i am not at risk so they are not going to offer me the garden leave!, my options are sign the risk assessment or go on full time sick, but im not sick and cant afford to just get SSP based on P/T work, (private company dont pay sick!:eek:).

I rang ACAS this morning as i am fuming that work have said one thing and then retracted it, ACAS told me that what work are claiming ACAS have told them is rubbish as they would not say that and its incorrect!:eek: and that work cannot make me sign anything under duress and that by law i dont need to sign anything anyway!

SO basically i need someone that can help me with advice, i am not a union member as didnt even know that our company had one and have no one to fight my corner!:(

Anyone out there that can help? Much appreciated!

Feisty
xxx

bryanb

What outcome are you hoping for?

Feisty_Fairy

bryanb wrote: »

What outcome are you hoping for?

For them to allow me to take the garden leave that they mentioned and that i am entitled to as they cannot remove all the risks.

MrsManda

What did ACAS say about whether you are entitled to gardening leave?
They're the best people to advise you about the law.
Does your contract/staff handbook say anything about pregnancy and risk assessments?

timnicebutdim_2

Have you had a look at this:

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026595

Uncertain

MrsManda wrote: »

What did ACAS say about whether you are entitled to gardening leave?
They're the best people to advise you about the law.

If only that were true!

I think many people on here put far too much faith in the ACAS helpline. At the basic level (i.e not the people you hear about on the news sorting out BA's disputes) they are a glorified call centre staffed by people with only very basic training.

The OP needs to get some PROFESSIONAL advice on this. Check home insurance for legal cover, trade union membership etc.

dmg24

Was the risk assessment undertaken internally? If so, you could suggest an independent assessment for an impartial view?

Feisty_Fairy

timnicebutdim wrote: »

Have you had a look at this:

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026595

Hi, yes i have seen it, thats how i know im entitled to it.

Feisty_Fairy

MrsManda wrote: »

What did ACAS say about whether you are entitled to gardening leave?
They're the best people to advise you about the law.
Does your contract/staff handbook say anything about pregnancy and risk assessments?

ACAS agreed that unless all risks can be removed or an alternative job is found then i am entitled to the leave with pay.

The handbook just mentions the risk assessments etc.

Feisty_Fairy

Uncertain wrote: »

If only that were true!

I think many people on here put far too much faith in the ACAS helpline. At the basic level (i.e not the people you hear about on the news sorting out BA's disputes) they are a glorified call centre staffed by people with only very basic training.

The OP needs to get some PROFESSIONAL advice on this. Check home insurance for legal cover, trade union membership etc.

Apparently we dont have any of these:(

Feisty_Fairy

dmg24 wrote: »

Was the risk assessment undertaken internally? If so, you could suggest an independent assessment for an impartial view?

Hi yes the risk assessment was done internally, i dont think an independent one could be done as they wouldnt have enough knowledge of the clients and the potential risks.