Pregnant Healthcare Worker, Need advice

valphoe

Hi everyone, I am 24 weeks pregnant and in a difficult situation at work. I am a healthcare assistant In a private hospital.  Week commencing 16/3 I was called and informed that the government had placed pregnant women in the vulnerable category and told I was not allowed in for my shifts, being put on company sick pay instead. I was in my qualifying period at the time for my maternity leave. Company sick pay is paid at a basic weekday hour rate, and I have a rolling rota in which I am expected to do weekends/ nights, and these shifts attract a higher pay. In the last month I was due to work most weekends, and now my average pay for my maternity leave will be much lower then it would have been. 
Two weeks after the original call, they called and said I can return to work. By this time, having read the RCOG’s advice that vertical transmission to the baby is probable, and reading several articles about preterm labour due to the mum being Covid positive, I was very reluctant to return to the ward; social distancing is not possible in a locked mental health ward. I told them this and was told that if I refuse to return to the wards, then I would be unpaid until I turned 28 weeks, because I am not deemed high risk until then (the government website still states that pregnant women are vulnerable and should be stringent with social distancing, they don’t specify week of gestation).

I did some research and phoned citizens advice, and then presented my employer with the ‘management of health and safety regulations’ plus asked to be placed on medical suspension, because obviously the risk of me catching Covid of a ward full of people is higher than if I follow the government advice and stay home. 
They responded saying that they had decided they could find admin work for me 4 days a week and that I would have to use my annual leave for the 5th day. I would only be paid weekday rates for this and lose my annual leave. I responded that this was completely different to my usual work terms and conditions, and less favourable to me so I wouldn’t consider it unless the pay was based off the rolling rota, and I got paid for the shifts I should have done, including enhancements. They pretty much laughed at me at this point.

I eventually got passed to a higher HR department.
- She replied and said they would not back pay me for the enhancements as I received sick pay for this.
- she said that because they feel they can support me to go back to my role and maintain social distancing then if I didn’t want to do that then the admin role was considered a suitable alternative in her opinion (not once has any of them said anything about how they could adjust my role btw). 
Sorry for the long post, but essentially I could really do with some help for the following points: 
1) I feel the admin role is unsuitable because it is less favourable to me. My contract is 12 1/2 hour shifts, across the shift pattern. This role is 9-5 only, so I’m in more days a week. It’s 2 hours extra a week travel time plus the fuel cost for this. Overall compared to my rolling rota shifts I will be earning less over the course of the month. The Hr lady disagreed with me on all these reasons, stating that I’m not getting paid less because I’m getting paid the hourly rate of a weekday which is the same as a hourly weekday rate
2) is the admin role actually legally unsuitable? The way I’ve interpreted the regulations and employment rights act is that it’s less favourable to me, and therefore unsuitable. Have I got this right? 
3)If I go back to the ward I plan on letting them know in writing that it’s because I’m being forced into it by their supposed alternatives. I’m hoping to go through the grievances procedure but I imagine they will give me the same answers as I’ve had so far. Is this a tribunal worthy? 

BrassicWoman

The "shielding" group for pregnant women is a specific subset - Women who are pregnant with significant heart disease, congenital or acquired.
If that's not you, then your employer can require you to go to work. They can require you to do the full job, not just the bits you personally feel are safe. I'm sorry, because I know that must be worrying. 
The admin job sounds like a reasonable alternative to me; and because they could simply require you to do your full job, they don't have to adjust the pay.
Everyone, at any point, has the right to resign. 
Personally, I would take it.

unholyangel

Those who are over 28 weeks pregnant are deemed at risk - not because there is any evidence of them being at higher risk from covid but because there is evidence that being heavily pregnant has previously affected how the body responded to some other viruses. These people do not need to shield

The only ones who are actually high risk (as brassicwoman said, those required to shield) are those who have serious heart conditions. 

Your employer only needs to pay you your contracted hours if you are available to work your hours/duties as agreed. So they should be paying you your normal wage for the period you were not required to attend work because they sent you home. But if they now require you to attend and you don't, they don't need to pay you your wage.