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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience:  Qualified Solicitor
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16 weeks pregnant and working in a nurserry have a very poor

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Hi 16 weeks pregnant and working in a nurserry have a very poor health I would like to know my rights for suspension before maternity leave
JA: Where are you? It matters because laws vary by location.
Customer: In london
JA: What steps have you taken so far?
Customer: I am croatian so I went to croatia for holiday and had covid there And contacted my obstrecian he advised me to strictly be on rest And wrote it down as an opinion my gp here did nothing but sign me off sick my job is very risky and nobody protected me there or did a risk assesment and I have pre cancer cells in my cervix and genital herpes and have been sick all the time is there anyway I can be suspended before maternity leave? As kids come sick there with chickenpox, I have to lift heavy things there is no way they can remove those risks And my immune system is falling a part
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my employers didnt respect their legal side or protected ne or did a risk assesment and nobody told me what to do or protected me

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.

Can I just check how long you have worked there for?

Customer: replied 12 days ago.
Hi Be

Hi there. Can I just check how long you have worked there for?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Could we speak via phone?
Customer: replied 12 days ago.
I have requested a phone call
Customer: replied 12 days ago.
I have worked there for 10 months
Customer: replied 12 days ago.
Is anybody here?

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

In the event that an employee is pregnant, their employer has a legal duty to look after their health and safety in the workplace and to minimise any associated risks. The employer’s legal obligations can be summarised as follows:

1. The Health and Safety at Work etc Act 1974 requires employers to secure the health (including mental health), safety and welfare of employees at work. This includes providing a safe place of work, safe systems of work, and appropriate information and training.

2. The Management of Health and Safety at Work Regulations 1999 require suitable and sufficient assessments of health and safety risks at work to be carried out. This includes a requirement on employers to protect the health and safety of new and expectant mothers from work-related ill health.

3. The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide adequate welfare facilities in the workplace for new or expectant mothers.

As you can see, an employer has a legal duty to conduct a risk assessment if there is any potential that a pregnant employee may be exposed to any health and safety risks in the workplace. Such an assessment must also include an assessment of risks to new and expectant mothers arising from any ‘processes, working conditions, physical, biological and chemical agents’.

If the risk assessment reveals there is a risk, the employer must do all that is reasonable to remove it or prevent any further exposure to it. If the employee needs health and safety adjustments, they must notify the employer in writing to confirm that they are pregnant.

Once the risks have been identified, or the employee has formally notified the employer that they need certain adjustments, the employer must consider the risks and take necessary action as follows:

1.Temporarily alter any working conditions or hours of work, if this is reasonable and avoids the risk in question. This could include changes such as allowing extra breaks, providing seating, avoiding manual work, changing hours of work, etc.

2. If these changes are not possible or do not avoid the risk, the employer must offer suitable alternative work on terms and conditions that are not substantially less favourable than the existing ones. So that would involve an alternative role which is similar to the existing one, but which avoids the identified risks.

3. If there is no suitable alternative work, the employer must medically suspend the employee on full pay for as long as necessary to avoid the risk. That could potentially mean suspension lasting up until her maternity leave starts.

At any point, this can also be pursued by raising a formal grievance with the employer. In the most serious circumstances, it could also amount to pregnancy discrimination, which can be pursued as a claim through the Employment Tribunal.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.