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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi there, Im just hoping for some advice really and to see

Customer Question

Hi there, I'm just hoping for some advice really and to see if there is anything i can do.

I am currently 12 weeks pregnant. I work 25.5hours per week in 2 stores in different towns (both stores are the same company). The store where i work 20hours in closing down beginning of July. I am struggling with the environment of that one store as it's a horrible, stressful and worrying environment to be in. I've not been sleeping, i've completely lost my appetite and i'm always stressed and worrying about everyone else there etc. Although my hours are dropping considerably, the company are offering me 12 hours in the other store. As that particular store have lots of hours available at this moment in time, i have asked my employer (there HR department during a meeting held last thursday) if i could go to the other store now, even if it means dropping some hours because i feel that staying in this environment in this store poses a risk to my pregnancy as i'm so stressed with it all.

They have said that isn't an option because they need me to do my 20 hours in the store which is closing down. My doctor has signed me off work this week so this week hopefully i can relax a bit. However, they aren't giving me any options, i am trying to do everything i possibly can to ensure this pregnancy is a healthy one having lost 2 previous pregnancies. I am struggling with it all and feel i have run out of options and am wandering if it is even legal that they aren't willing to help me at all despite the fact i have expressed how difficult i am finding it being in that environment at this stage in my pregnancy.

Sorry that was long! I really hope you can give me any information at all and if there is anything i can do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is Jenny and I am happy to help you today. Has your doctor signed you off for work related stress?

JACUSTOMER-jrl3qwlv- :

Hi Jenny, thank you! Yes, my doctor signed me on yesterday saying 'pregnancy complications - stress' on my certificate

taratill :

Ok so has your employer flatly refused to consider your request?

JACUSTOMER-jrl3qwlv- :

The lady from HR i had a meeting with said she would need to look into it, that was on thursday. Today i had a phone conversation from her saying 'i'm afraid moving to the other store isn't an option because they need you to do 20hours in the other store'

taratill :

Ok leave this with me while I prepare an answer for you. You will receive and email when its done. Thanks

JACUSTOMER-jrl3qwlv- :

Ok, thank you!

taratill :

Hi sorry for the delay in responding. As a pregnant woman your employer has a duty of care to ensure that aspects of your job are not too stressful for you and that your health and safety is not put at risk. There is a duty for your employer to undertake a risk assessment. As a pregnant woman in a redundancy situation you should also be offered alternative work rather than being dismissed.

taratill :

I would suggest that you raise a grievance to say that a risk assessment has not been carried out and that you believe that it amounts to a breach of your rights for them not to carry out a risk assessment and give you work that is less stressful (i..e. at the alternative location ) . Your employer may want to get medical evidence to support your position that your current role is a risk to you. You should tell them that you are prepared to give this evidence.

taratill :

Hopefully this will do the trick. If not please do come back to me for further advice.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.