Sick leave, employee rights

sangie595

murzite wrote: »

just spoke with acas. even i haven't been employee for 2 year its still go down to discrimination, because im pregnant. as they cant change t&c as they wish. i don't really care about redundancy after my maternity leave as long as i will receive full smp.

Well good luck with that. You haven't actually answered a single question you have been asked, or listened to any advice here, so it would probably be pointless to tell you that in general the ACAS phone lines are staffed by people without any legal training or qualification working of a script, that they cannot give legal advice, and you can guarantee that they won't be around to dig you out of that hole you are digging.

They CAN change your contract (if, indeed, it is being changed - because you wouldn't know since you don't have it!) while you are pregnant. They cannot change it (if it is being changed ) BECAUSE of your pregnancy, but they can change it because you have been off long term sick due to something nothing to do with your pregnancy, because you are unable to fulfil the terms of your employment or job, or because their business cannot afford to subsidise your private travel when you aren't in work (a business reason - nothing to do with anything other than you are not in work and they can't afford a car sitting on your drive) and puts the business at risk. Or in fact any one of about two thousand other excuses that I could dream up in the next hour if I wanted to, because unlike ACAS call centre staff I do have decades of experience in employment situations. As do some others here.

But I doubt any of this matters to you because I actually thought that some people here were being somewhat harsh, but now I wonder. You haven't worked there very long, but you have managed to have a period of sickness (at least one) and upcoming maternity leave in that time, think that you are being hard done to because you are expected to get yourself to work for an entire week, and expect an employer to subsidise you driving a car when you appear to barely be setting foot in work for many months. In your defence you don't care about the job, you don't care about it ending, as long as the employer gives you the car and the maternity pay, so nothing and nobody else matters.

Every now and then, not often, but every so often, I am disappointed in my own gender. What on earth have some of us been fighting for equality for women for when it is so much easier to trade on ones sex? I agree with Ceredigion - it is hard to achieve equality in so many workplaces, and this sort of experience for an employer is the reason why.

murzite

sangie595 wrote: »

Well good luck with that. You haven't actually answered a single question you have been asked, or listened to any advice here, so it would probably be pointless to tell you that in general the ACAS phone lines are staffed by people without any legal training or qualification working of a script, that they cannot give legal advice, and you can guarantee that they won't be around to dig you out of that hole you are digging.

They CAN change your contract (if, indeed, it is being changed - because you wouldn't know since you don't have it!) while you are pregnant. They cannot change it (if it is being changed ) BECAUSE of your pregnancy, but they can change it because you have been off long term sick due to something nothing to do with your pregnancy, because you are unable to fulfil the terms of your employment or job, or because their business cannot afford to subsidise your private travel when you aren't in work (a business reason - nothing to do with anything other than you are not in work and they can't afford a car sitting on your drive) and puts the business at risk. Or in fact any one of about two thousand other excuses that I could dream up in the next hour if I wanted to, because unlike ACAS call centre staff I do have decades of experience in employment situations. As do some others here.

But I doubt any of this matters to you because I actually thought that some people here were being somewhat harsh, but now I wonder. You haven't worked there very long, but you have managed to have a period of sickness (at least one) and upcoming maternity leave in that time, think that you are being hard done to because you are expected to get yourself to work for an entire week, and expect an employer to subsidise you driving a car when you appear to barely be setting foot in work for many months. In your defence you don't care about the job, you don't care about it ending, as long as the employer gives you the car and the maternity pay, so nothing and nobody else matters.

Every now and then, not often, but every so often, I am disappointed in my own gender. What on earth have some of us been fighting for equality for women for when it is so much easier to trade on ones sex? I agree with Ceredigion - it is hard to achieve equality in so many workplaces, and this sort of experience for an employer is the reason why.

Its been first time i been off in many years, i was rushed to hospital and its was emergency surgery, not that i just decided i wanted to take sick leave. And been trying long enough for a baby, just to do abortion because i change my employment, i do have a right as human...
And it is discrimination, if they want to grade me to lower position with out reason.

Poppie68

They may think they are doing you a favour by giving you lighter duties so your new favourite word DISCRIMINATION maybe be just something you think will be a means to a favourable end on your side?
As others have said you need to read your contract before you start accusing anybody...

Many pregnant women these days suffer from entitlement and selfishness It's a condition that is a choice and not an illness but many think everyone should bow down to them.

sangie595

murzite wrote: »

Its been first time i been off in many years, i was rushed to hospital and its was emergency surgery, not that i just decided i wanted to take sick leave. And been trying long enough for a baby, just to do abortion because i change my employment, i do have a right as human...
And it is discrimination, if they want to grade me to lower position with out reason.

So what - you were still sick. And yes, you are entitled to have a baby. You are not entitled to think that entitles you! Having a baby is your right as a human being - having a company car isn't!

They have not graded you to a lower position - they are putting you on light duties for precisely one week because you have been SICK and you are PREGNANT. Your complaint was never about this - you are now constructing your "case" backwards because you want to drive to work in THEIR car! As Poppie68 says, it's easy to throw the word around - it is a lot harder (and expensive) to prove a case of discrimination when you have not got a jot of evidence!

murzite

sangie595 wrote: »

So what - you were still sick. And yes, you are entitled to have a baby. You are not entitled to think that entitles you! Having a baby is your right as a human being - having a company car isn't!

They have not graded you to a lower position - they are putting you on light duties for precisely one week because you have been SICK and you are PREGNANT. Your complaint was never about this - you are now constructing your "case" backwards because you want to drive to work in THEIR car! As Poppie68 says, it's easy to throw the word around - it is a lot harder (and expensive) to prove a case of discrimination when you have not got a jot of evidence!

If they want to put me on lighter duties then they have to complete risk assessment and give reason why. Not just do it out of blue.

Guest101

Presumably your doing a weeks handover, that seems like a valid reason to alter your duties, because if your choice to have a child.

sangie595

murzite wrote: »

If they want to put me on lighter duties then they have to complete risk assessment and give reason why. Not just do it out of blue.

No they don't. You have been off sick. You have had an operation. In addition to that you are pregnant. It is entirely reasonable for an employer to decide that in your interests and theirs, light duties or a phased return would be appropriate. Such decisions do not require a risk assessment. It requires common sense. If they did not do something to support you back to work in these circumstances, and something happened to you or the baby, you would be quick enough to sue them for not taking your circumstances into account.

bugslet

Poppie68 wrote: »

They may think they are doing you a favour by giving you lighter duties so your new favourite word DISCRIMINATION maybe be just something you think will be a means to a favourable end on your side?
As others have said you need to read your contract before you start accusing anybody...

Many pregnant women these days suffer from entitlement and selfishness It's a condition that is a choice and not an illness but many think everyone should bow down to them.

Tried to double thank that but it won't let me:D.

OP, it's a week, most people coming back after an operation and when pregnant would think it was good of the company to ease off a bit for that one week. You'd get a lot more sympathy here if you knocked off the attitude IMO.

Glad I'm in a world where only 1% of truck drivers are women, so unlikely to get one applying even, and I say that as a woman.

k3lvc

murzite wrote: »

Employer will come to my house tomorrow to collect the car, but they don't want to answer any of my messages or give me any paper work.

So have they been ?

murzite wrote: »

I don't really care about redundancy after my maternity leave as long as i will receive full smp

murzite wrote: »

i stick with them because otherwise i would loose on my maternity pay, yes, its would be more easily to take that week off, but i don't want to, why should i loose out, when i would be capable to do my duties.
They haven't completed risk assessment, but they know since Jan that im expecting a baby. As per acas and other advice its would be discrimination towards pregnant women to change my work duties to lower level and remove car as im due to return to work.
They don't have grounds to dismiss me.

Not very often I wish an employer were reading this and had grasped who you were but this is one of those times where your whole world may come crashing down - your arrogance is breathtaking

Takeaway_Addict

Whilst I have absolute sympathy for the employer in this situation I do think I fall on the side of the OP.

The car is a benefit of employment and presumably the OP is entitled to use it outside of working hours? If so as it is a benefit of work then they would be entitled to keep it during maternity leave.

If the OP ONLY uses it for work then I would agree the employer should be able to take it back for use otherwise it would only sit on the drive for 9 months or so.