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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
I am sorry to hear this. What reason has the headteacher provided for refusing the doctor's note? and how long have you worked there for please?
Sure no problem at all. Did you receive the query I sent through just now?
What reason has the headteacher provided for refusing the doctor's note? and how long have you worked there for please?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. First of all, I note that the employer has said they have nit heard of the term ‘medical suspension’. That may be the case but it does not mean it does not actually exist and it is very much a legal term used in these circumstances.
The legal position for employers is as follows: If there is a pregnant employee then the employer has to consider whether there are any identifiable risks in the workplace, which could adversely affect her or her baby. If that is the case, they need to conduct a risk assessment to identify such risks and ways of dealing with them. If they could be mitigated to safe levels or altogether removed, then the employer should take the necessary steps to do so. This includes moving you to a different suitable role or working from home. If that is not possible, the employer should medically suspend you on full pay, which is basically suspending you on medical/health grounds (as opposed to on disciplinary ones).
If the employer cannot implement the necessary changes to sufficiently mitigate the risks and also refused to medically suspend you, then you can accuse them of pregnancy discrimination. You can then raise a formal grievance about it first, before considering whether to make a claim for it in the Employment Tribunal.
Hopefully this clarifies your position
Thank you for taking the time to leave your feedback - it was my pleasure helping you with your query. All the best
Hi yes it doe, but again, it depends on what safety measures are in place to reduce/avoid the risk of this potentially being passed on to members of staff like yourself. You should now write to the employer to add this to your risk assessment
Yes of course, any time