Can I get threatened with the sack over this?

sohurtandlost

Hi and thanks in advance!

I have been employed working a contracted 18 hours pw with 1 in 3 Saturdays, averaging out as 19 hours pw. I have been there since September 2010 so not a year yet.

In my contract is says from time to time we may require you to work additional hours to cover sickness and holidays.

I have in the past covered holidays but there are a couple of days coming up that I really do not want to work. I am pregnant and absolutely exhausted, I also have a 2 year old dd. My boss is aware of my situation.

When telling him I wasnt keen on working these extra days, his response was that if I will not be flexible then we may have to go our separate ways... as I said, I have in the past worked extra but at the moment I am exhausted and simply cannot do it!

I should also add that there are only 3 employees (including myself) as the other 2 are fulltime it is only me that is available to cover.

Please does anyone have any advice?

KiKi

You cannot be sacked over a pregnancy-related illness, but refusing to work hours because just because you're tired might not qualify for 'illness'. How much notice is he giving you for the days he wants you to work?

The fact that you have a DD isn't really his problem, though, if she's also tiring you out. If your contract requires flexibility and holiday cover, I'm not sure that just being tired is enough of a defence for you, and therefore potentially yes, it is a reason to threaten dismissal.

(And when I say 'just because' I'm not belittling your tiredness, simply that being tired in relation to pregnancy I don't believe is classed as a pregnancy-related illness - which I think is required in order for a threat of dismissal to be discriminatory.)

I'm sure someone with more knowledge on pregnancy-related issues will be along with some better advice soon!

KiKi

Gordon_Hose

You're pregnant, that's the biggest trump card that exists. If your employer sacks you, he's walking a very fine line, whatever it's for.

KiKi

Is the burden on the employer to prove it wasn't for a pregnancy-related reason, or for the employee to prove it was?

KiKi

lincroft1710

Tiredness is not an illness and may not solely be due to your pregnancy, I understand 2 yr olds can be quite tiring.

As a requirement to cover for sickness and holidays is in your contract, you may be breaking the terms of your contract by refusing, so a perfect excuse to dispense with your services.

KiKi

lincroft1710 wrote: »

Tiredness is not an illness and may not solely be due to your pregnancy, I understand 2 yr olds can be quite tiring.

As a requirement to cover for sickness and holidays is in your contract, you may be breaking the terms of your contract by refusing, so a perfect excuse to dispense with your services.

That's what I thought.

KiKi

Mrs_Arcanum

Perhaps the new Equality Act 2010 section 18 may have something which covers your situation. - Linky

lincroft1710

Mrs_Arcanum wrote: »

Perhaps the new Equality Act 2010 section 18 may have something which covers your situation. - Linky

I've just read the link, but can't see anything that would help OP based on what she has told us so far.

TEDDYRUKSPIN

It really depends on your contract. If it states that you have to be flexible, unfortunately, you will have to be flexible working these hours. I can't remember what the law states about the number of hours notice, but I am sure it is very short notice.

As for being tired. As above, this is not an excuse unfortunately.

Phone up ACAS. Get some nice cheerful advice.

Look after yourself and the baby.

Health first!

lincroft1710

I have a feeling that by saying "we may have to go our separate ways" your boss is hoping you'll just agree to work the 2 days rather than possibly risk losing your job by not doing so.

dseventy

Does your employer know you are preganant?

Have they done a risk assessment?

You have no employment rights at all inside 12 months but you can't be sacked for discriminatory reasons (like race, pregnant etc).

I don't know how far you are pregnant, or if different duties are expected for these extra days (?) but being "tired" is not a good reason IMO when its in your contract to be flexible.

D70