advice please

teamraficeman

my partner is pregnant and was advised by her doctor to have a few days bed rest and was asked by her manager to get a sick note to cover her time off. I told the manager that we have to see the doctor again on monday and if she got the go ahead then she would be back in work on tuesday. It is now Saturday night and she has just received a text message from her manager saying that she has given somebody else her hours for next week so she is not needed. My partner only works 4 hours in the morning.
Are they allowed to do this and is she still entitled to get paid as she would be available for work but they have given her hours away.

Thanks for any help you can give

EdJRobinson

You wouldn't need a sick note for the first weeks absence as the doctor would just tell you to self-certify for it.

I can't comment on the other part as I have no idea if you can do that or not.

hcb42

what is her normal contract?

Emmzi

is it fixed shifts or zero hours?

teamraficeman

Monday to Friday 8am-noon

SarEl

hcb42 wrote: »

what is her normal contract?

And what is her job - would it cause problems if there is uncertainty about when she will return to work? We need a lot more detail please.

teamraficeman

she is a part time nursery nurse and is 13 weeks pregnant, she had to have a few days bed rest due to high blood pressure and abdominal pains but she will hopefully get the all clear on Monday to return back to work on Tuesday. They sent her a text on Saturday telling her that she is not needed this week as they have got somebody to cover for her because they are busy and she can have the rest of the week off and they will let her know what date to go in. Is she entitled to be paid as she is willing and able to go to work but they appear to not want her there, maybe its because of the maternity leave that`s coming in a couple of months time, are they trying to drop her hours so that they pay less maternity pay

SarEl

teamraficeman wrote: »

she is a part time nursery nurse and is 13 weeks pregnant, she had to have a few days bed rest due to high blood pressure and abdominal pains but she will hopefully get the all clear on Monday to return back to work on Tuesday. They sent her a text on Saturday telling her that she is not needed this week as they have got somebody to cover for her because they are busy and she can have the rest of the week off and they will let her know what date to go in. Is she entitled to be paid as she is willing and able to go to work but they appear to not want her there, maybe its because of the maternity leave that`s coming in a couple of months time, are they trying to drop her hours so that they pay less maternity pay

You need to clarify what her hours are - you say she works 4 hours Mon-Fri, but are these her contractual hours, or not?

You also need to clarify with the employer what exactly they are saying. To be fair and objective, "expecting to return to work" and actually doing so are not the same thing, so she does not know that she is willing and able to return until the doctor says that she is. Given her job it may be difficult for the employer to arrange cover at the drop of a hat - they know she will not be in Monday, and they have no certainty that she will be fit until the doctor tells her so. It may be that to be sure of cover being available they have had no choice but to arrange it for a "safe period".

That aside, you would then need to clarify with the employer whether they are refusing to permit her to return to work (assuming she has a right to the hours in the first place, and isn't on a zero hours contract), and if so, on what basis and whether this will be with pay.

Then we need to know all that information to tell you what, if anything, you can do about it.