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#1 Posted : 29 October 2007 09:05:00(UTC)
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Posted By Phil H
Taking aside the moral issues. I was told by an employer the other day that they had received advice from an employment advisor that an employee could be dismissed because she was not capable of doing her job due to pregnancy.This appears to fly in the face of the management regs. ie redeploy and suspend etc.

Has anyone had experience with this example of conflicting law (HS V employment)
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#2 Posted : 29 October 2007 10:13:00(UTC)
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Posted By Adrian Watson
Ask your employment advisor to a reference showing that this is possible. You can suspend a pregnant woman from doing work that will harm her or the unborn child but you cannot dismiss her!

Regards Adrian
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#3 Posted : 29 October 2007 10:49:00(UTC)
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Posted By Peter Taylor14
what nonsense! If you require info or confirmation on this contact ACAS
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#4 Posted : 29 October 2007 10:53:00(UTC)
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Posted By CFT
Completely agree, total rubbish based upon the reasons you have stated.

CFT
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#5 Posted : 29 October 2007 12:07:00(UTC)
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Posted By John-Mark
Hi,

Have to agree with other responses. There is a DTI booklet which confirms this, available as a download from the HSE website:

http://www.hse.gov.uk/mothers/information.htm

The Booklet is called "Pregnancy & Work - what you need to know".

JM
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#6 Posted : 29 October 2007 20:06:00(UTC)
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Posted By Kieran J Duignan
Phil

You illustration is not of a conflict in law but of confusion, ignorance or a riddle.

The confusion or ignorance may be due to the responsibility of an employer to safeguard a pregnant employee from injury.

The riddle is that an employer can do anything they want, including murder, as long as they're prepared to pay the price of losing a civil or criminal conviction.
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