Employer trouble

hflower74

My niece works for H&M and has done for 4 years. She is expecting a baby in September and her Employer is deducting her pay for time off for Midwife appointments and is being really unreasonable and trying to get her to cut her hours done so they can employ someone else full time.

Personally I dont think they can be allowed to do this but Im not expert.

Can anyone confirm that there not?
Thanks

ukdickie31

Hi

Use the link below to go to the DTI website.

New laws introduced from April about Maternity Pay as well as legal rights.

http://www.dti.gov.uk/employment/workandfamilies/maternity-leave-pay/index.html

TrikerAndBiker

Employers are required by law to allow employees paid time off work to attend ante-natal appointments. If your niece is currently healthy and her job is not likely to cause 'harm' to her or the baby whilst she is pregnant and when she subsequently becomes a new mother (should she return to work) under Health and Safety laws then H&M should not be trying to alter her working pattern. (On that note H&M are required to carry out a risk assessment for your niece to check her working conditions are suitable)

Check out the ACAS website for more advice https://www.acas.org.uk

ohreally

TrikerAndBiker wrote:

under Health and Safety laws then H&M should not be trying to alter her working pattern.

Can you evidence which part of the act your referring to?

TrikerAndBiker

ohreally wrote:

Can you evidence which part of the act your referring to?

I may have worded that badly. Under the Management of Health & Safety at Work Regulations 1994 H&M should identify if work poses a risk to a pregnant worker or her unborn child, if risks are identified then appropriate measures should be taken to eliminate these risks, in this case it may include alteration of hours or working conditions. Therefore H&M would have to prove that there is a significant risk to their pregnant worker.

Under the Sex Discrimination Act 1975 (I think) if a company is found to treat a pregnant worker unfavourably, for example altering hours because of morning sickness etc then the company faces a possible case of discrimination on the grounds of sex.

ohreally

TrikerAndBiker wrote:

Under the Management of Health & Safety at Work Regulations 1994 H&M should identify if work poses a risk to a pregnant worker or her unborn child, if risks are identified then appropriate measures should be taken to eliminate these risks, in this case it may include alteration of hours or working conditions. Therefore H&M would have to prove that there is a significant risk to their pregnant worker.

Thanks. I am actually aware of the management of H&S regs and i have found that most (all) female employees, from the moment they have informed management that they suspect they may be pregnant, have been removed from their normal duties and given an office type job (obviously this doesn't occur where their substantive post is office based) with on going monitoring and health surveillance made available.