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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer is changing my entire job including my job title

Customer Question

My employer is changing my entire job including my job title and description, reporting manager and office location and I've just reached week 28 of my pregnancy.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
4 years in September this year
Customer: replied 1 year ago.
My line manager had changed my role to something less stressful but within my current job description duties. The general manager and the HR Business Partner overruled him and said he must tell me I have to move to this job as it helps the business. The General Manager told me before I was pregnant that I was his worst type of person as "I was a 30 something year old female who could get pregnant and cost him money". I was worried to tell them I was pregnant because of this but did so when I was 14 weeks and they have been changing things since
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
When you are pregnant and in work, your employer has a duty to ensure your health and safety at work and this requires them to conduct a risk to assessment to see if you are likely to be exposed to any risks in the workplace. If you are, then they should take steps to either minimise those or remove them. It could mean amending some of your existing duties, placing you on reduced hours, etc. If the risks are such that they cannot be removed or minimised and you are not able to do anything that is available at work, you could even be suspended on medical grounds and be removed from work for your own safety, although should continue to get paid as normal.
When the employer is changing your duties to reduce the risks to you and your child, the priority should be you and your welfare, not what suits the business. If there I a role within your duties which is less stressful, then this is what you should be given, you should not be moved to something completely different just because it would be better for the business.
I am also quite concerned about the comments that were made about you – they are practically discriminatory and should not be made by an employer.
At this stage you should consider going down the grievance route, after that you have more formal legal options available to you if needed.
This is your basic legal position. I have more detailed advice for you in terms of the next steps you need to take, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Customer: replied 1 year ago.
Hi Ben, thank you very much for your response it was very helpful. I'm going to write out the grievance complaint as you suggested and will do this today and send to my line manager. Im very concerned after sending them my grievance letter it will make things harder for me at work and am currently off sick due to the stress of this. I am only receiving Statutory Sick Pay which is very little and things are soon going to become very difficult financially. I have a huge amount of issues on top of this but all stem from the HR Business Partner and include that I have not been paid correctly for approx 9 months out of 12. Previously I made a call to the General Manager (the same man who made the statement about not liking me due to my age etc) as I had been feeling bullied and "picked on" by the HR Business Partner and on telling him how I had been feeling, he laughed at me! Should I state all this in my grievance as well or should I only discuss the way they want me to move to a new position, office and reporting manager?
Thank you for your help.
Expert:  Ben Jones replied 1 year ago.
Hello again, if you are treated detrimentally as a result of raising a grievance for discrimination, then that would amount to victimisation, which is again unlawful. In terms of what to raise in the grievance, you can raise any concerns you have in terms of your employment, so if you wish to discuss any other concerns, you can include them too. It is entirely up to you. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi there, apologise I had rated you last time I replied but didnt press submit, I hope it went through ok this time? I was advised by my local citizens advice to first raise an objection to the suggested job description and to send this to my line manager and the hr business partner. Depending on how they respond may also have changes to the grievance. I shall send this first I think to start things off and hopefully be able to raise the grievance shortly after this. Thank you for your advice and help I very much appreciate it. This is a good service
Expert:  Ben Jones replied 1 year ago.
Hello, no problem and thanks for the rating. You could advise the employer that you are rejecting the new job and if you start working in it that you are doing so 'under protest' and in the meantime raise a grievance to formally challenge it. That's another way to go about it.

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