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#1 Posted : 12 May 2005 15:48:00(UTC)
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Posted By Simon Carrier Good afternoon I am trying to help out a friend with some information. The scenario is this. He operates a 2 person, him and another, canteen. The woman who works for him has informed him that she is pregnant. We have carried out a risk assessment and identified that the work she carries out, lots of walking pushing trollies and standing all day is not good for her. His predicament is that he has no other work for her to carry out and cannot afford to employ someone else to assist in reducing the workload. Any advice you could offer would be appreciated. regards
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#2 Posted : 12 May 2005 16:03:00(UTC)
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Posted By J Knight Hi Simon, Your friend is in a sticky situation here; if it has been identified that her hours or conditions can't be altered and there really is no alternative work then 'the employer will need to (c) suspend her from work. The Employment Rights Act 1996 .. requires that this suspension should be on full pay' (para 94 ACoP, MHSW 1999). There really is no way round this without exposing your friend to a possible breach of HMSW and an ET claim. Are you sure that adjustments can't be made which would allow her to continue to work? And have you followed HSE's detailed guidance in 'New & Expectant Mothers at Work' before deciding that she won't be able to cope with the workload? John
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