18 Weeks Pregnant Covid-19

dj1994

Hi,
My partner is currently 19 weeks pregnant and has been off work self isolating since 19/03/2020. She was advised by her midwife and NHS 111 to self isolate as she is classed as vunerable during this time. She works within a care home for dementia and end of life care. Her workplace are stating options for her pay- Early matenity (She is too early for this), Sick pay with a letter from the government or her GP (the GP will not provide this as it isn't there protocol) and NHS 111 website do not provide isolation notes for pregnancy. Were stuck with what she can actually do with her pay. She has spoken with the head office, I have personally spoken with Acas and advised them that she told her employer at 5 weeks that she was pregnant and a risk assessment for pregnancy alone has still not been carried out!! Acas has told me that this is illegal and against the employment, health and safety law. I have gone back to her head office and expressed my concerns to them which I am awaiting for them to come back to me before I go legal but at this current time they are refusing to pay her anything, even SSP which the governement is paying anyway for them to claim back!! Any help/guidance would be appreciated during this time.

poppy12345

Has she actually received the letter from NHS advising her to shield for 12 weeks? Not all pregnant woman are in the most vulnerable list, only those that are over 28 weeks. (i think)

CreditCardJunkie

Try speaking with maternity action

Gonna-be-debt-free

CreditCardJunkie said:

Try speaking with maternity action

That's a good idea.

Also, specifically what has she been told by her midwife and NHS111?  There is a different between being vulnerable (be particularly stringent with social distancing) and highly vulnerable (shield, stay home all the time, keep 2 meters away from anyone else in your household).

If the midwife has advised her to shield then the midwife should be able to provide a letter I think?

EssJayD

Acas are incorrect (shocker) - a pregnancy specific RA only needs completing if it is thought there are risks to women of childbearing age that are not covered in a general workplace assessment.  This is on their own website and the HSE.  The fact they haven't will only be a problem if there is a H&S issue that arises that could have been prevented with a pregnancy specific RA. (ETA - OR it would be a problem if lack of pregnancy specific RA [and there were risks not identified on a general RA] was also part of a 'bigger picture' of a lack of duty of care or mistreatment etc to pregnant women)

Regards the SSP I do think the employer is right that in these circumstances they do not have to pay anything - she isn't sick, isnt isolating due to her or others in the household having symptoms etc - shes just not wanting to go in to work.  Assume she cannot work from home?

As an aside, they shouldn't even be speaking to you about this, you are not their employee.  You probably aren't helping her case here although I understand the desire to be protective.

Mrsn

The shielding letter has to come from the government for it to count I’m afraid. It is only those over 28 weeks pregnant where the risk changes though I appreciate as a carer why the midwife might be slightly more concerned. So it is correct that no SSP would be due in these circumstances.

I also agree that whilst it’s lovely you want to fight her corner you aren’t their employee and I’m surprised actually they are discussing such matters with you in regards to HR matters.

Going legal not only will take months of stress, time and money but I’m struggling to see what basis you can bring such action against her employer? They haven’t actually done anything wrong other than not provide the risk assessment which yes they absolutely should have done but everything else at this point still stands.

EssJayD

In terms of advice - what she needs to do in the first instance is raise a grievance in writing, outlining that she believes she should have been provided with information regarding any specific hazards/risks to pregnant women, she could ask to see a copy of the companies general RA (if they don't have one that's a problem so that might put a rocket up their backsides) .  Then in the grievance point the company towards relevant information that she believes demonstrates she should qualify for SSP.  If she can include any examples that might back up that she feels she isnt being treated fairly e.g.  has anyone in the past received sick pay when not actually sick so preventative stuff and so on.  And what outcome she could like.

If she does this in a grievance, they have to get back to her properly, not "we'll call you" type thing.   At the moment, no disrespect, but the company are possibly just treating you as a bit of an annoyance so are fobbing you off, as they are under no obligation at all to speak to you.  They are under obligation to respond to her grievance, to her, and only her (except in some exceptional circumstances).