Pregnant & told by employer I cannot work

bagel777

My employer has recently changed their guidance on pregnant employees at work. Their new guidance states anyone over 28 weeks, or under 28 weeks with an underlying health condition can no longer attend work. The guidance now says if the employee can work from home will continue to do so. If their role cannot be done at home they are only entitiled to company sick pay as per contract.
I am currently 33 weeks pregnant, my role cannot be done at home and my employer cannot offer suitable work for me to do so they are only giving me sick pay.
In addition they have said the only way that they will have me back at work is if my doctor or midwife will sign a fit for work note. My issue is that i am not sick, nor can my midwife or doctor justify signing a form for a risk at work? 
I have contacted ACAS and they have informed me this is not correct and i need to be suspended on full pay. I have asked my employer and they have said no it is not policy. I have since filed a grievance to resolve this. I am very nervous and wondered if anyone had any advice.

bradders1983

Have you not agreed maternity leave, cant you just bring this forward?

bradders1983

No, but if you kick up a stink you might find yourself out the door with no maternity pay. Yes its not right but whats the better option?

Have you actually asked your doctor if they will sign the form?

bagel777

bradders1983 said:

Have you not agreed maternity leave, cant you just bring this forward?

My maternity has been agreed in advance, however i shouldnt have to change my maternity date because of this.

elsien

Suspended on full pay? Sounds unusual.

bagel777

bradders1983 said:

No, but if you kick up a stink you might find yourself out the door with no maternity pay. Yes its not right but whats the better option?

Have you actually asked your doctor if they will sign the form?

They cant dismiss me for raising a concern over my pay thats unfair dismissal. 
Yes and as my midwife and doctor have stated, it is not down to them to agree if its ok for me to be at work. Its between myself and my employer to do a risk assessment and decide between us if its safe. If my work are saying its not safe, then why would my doctor or midwife say this is ok then.

bagel777

elsien said:

Suspended on full pay? Sounds unusual.

Yes because work have made that choice i cannot be at work, and they cant offer alternate work they have to pay full pay on medical suspension. This is what i have been told by ACAS and Maternity Action. If i choose not the work that is a different matter and yes only entitiled to sick pay.

suki1964

Yes it seems that they have to suspend you

covidmaternityfaqs

JessyRM

bradders1983 said:

No, but if you kick up a stink you might find yourself out the door with no maternity pay. Yes its not right but whats the better option?

Have you actually asked your doctor if they will sign the form?

That is not true - the OP would not lose her stat maternity pay if she was made redundant as she is past the qualifying weeks. Pregnancy & Maternity is a protected charateristic and if she is disputing pay it's likely she would be able to claim unfair dismissial if she was dismissed. OP you should be suspended on full pay until your mat leave starts. Good luck & congratualtions. 

sazzleraaa

elsien said:

Suspended on full pay? Sounds unusual.

It’s not at all unusual. She has not decided to stop working - it is the employer which has enforced it and have not provided an alternative option. Therefore they must suspend you with full pay. For the avoidance of doubt, check the Acas Guidelines on how employers should manage employee pregnancy - sounds like your employer should do this too. 

Always baffles me how poorly some employers manage these things when information is readily available online.

Galloglass

If ACAS have stated that you are entitled to full pay as opposed to SSP then follow their advice to use the grievance procedure. ACAS are the experts in these matters.

If the company continue with their policy and you take the company to an ET, then ACAS will get involved and will have details of the case on their system.