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Advice on expectant mothers Risk Assessment and working hours
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Posted By Dannii
I have been told recently that a member of my staff is pregnant.
we work within the hospitality trade and therefore there are plenty of dangers for her.
I have taken into account carrying items, chemicals, slips and trips etc however the issue i am having is over the hours.
She is wanting to be suspended on full pay even though we have tried to work out suitable altrnatives but she is being unreasonable and i think she is purely using this an excuse to be off on full pay.
Can someone please advise on the boundaries for hours worked whilst expecting? she wants to only do day shifts which is unreasonable in our industry and there simply isn't the hours there for her. i would like information on what hours are suitable as we have also discussed earlier starts and/or finishes on shifts so it isn't too late but its still likely to be a latish finish.
any help is gratefully accepted!!
Dannii
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Rank: Guest
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Posted By stephen d clarke
Hi,
I guess you must have carried out a risk assessment and put in place the appropriate controls and the only issue is the hours. As I understand it long hours, shift work etc can have a detrimental effect in terms of fatigue during pregnancy but everyone is different it depends on the women concerned. I think therefore you need authoritative advice from your occupational health Dr and/or her GP. If they identify a risk and you can not adjust her working hours or give her suitable alternative work then I think she has to be suspended on paid leave.
Steve
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Posted By jervis
You cant suspend some one on full because they are pregnant even if they want it. There are new regs out where she will be covered go on to acas. Or better still if you have a union get some proffesional advice from them first.
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Rank: Guest
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Posted By stephen d clarke
Hi,
For the definitive answer I would go to the following document - Suspension from work on medical or maternity grounds under health and safety regulations - Guidance; which is available on-line at:
http://www.berr.gov.uk/w...tml#suspension_maternity
Steve
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Posted By Phil Rose
Jervis
Yes you can suspend someone that is pregnant - please see HSE INDG373! In fact employers are required to, if they cannot control the risk to an acceptable level or offer suitable alternative employment. You don't have to suspend them just because they ask for it though. The need to suspend or not is driven by the risk.
Personally while I may well consult with the union, I don't think I would go to them for advice!
I would have thought that some adjustment in hours might be appropriate though as I understand that spilt shifts in the industry can result in early starts, then a rest period and then a later shift. I am not convinced that suspension if necessary but adjustment of hours may well be.
Phil
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Posted By jervis
Phil i made a mistake reference suspension but not one with getting advice from the union. Union reps are a good place to go to in the work place for many reasons at times more so than some managers!
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Posted By RBW100
I'd definitely ask the woman to speak with her midwife or GP about the situation, also be a good idea to get occ. health involved if you have this facility.
I'd say that in these circumstances, where the person in question disagrees with your suggestion, a medical view on the problem is required.
Rob
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Posted By Phil Rose
Jervis
if you are happy to go to the union rep for advice then that's fine - I suppose you must be right then!
I most certainly wouldn't - and I suppose, therefore I must be wrong and been doing it wrong for a long time!
A union member may well go to a union rep for advice. They may get good advice, they may well not. I note the more recent thread 'Union workplace reps', and there are some good comments there, some reps are 'good' some aren't!
I personally do not think that an employer should be going to a union rep for advice.
Phil
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