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Reeves21895  
#1 Posted : 15 November 2012 10:43:22(UTC)
Rank: New forum user
Reeves21895

Does anyone know of a case where an expectant mother has sued her employer for a miscarriage caused by contracting an infectious disease such as German Measles?
Im working with a GP's surgery and Im not convinced that thier risk assessments on expectant mothers is sufficient - they leave it down to the mother to decide what she can or cant do but if she was a front line staff i.e. receptionist she could be exposed to any airborne disease (ive researched and there are quite a few) that could harm her or her unborn child. They dont really want to open the can of worms and have responded that this is what everyone else does - id like something to motivate them to consider a different stance.
djupnorth  
#2 Posted : 15 November 2012 12:35:20(UTC)
Rank: Forum user
djupnorth

Reeves,

I am not aware of an employer being sued in the circumstances you describe. There is however case law on a pregnant woman successfully claiming unfair dismissal as a result of her employer failing to take adequate precautions to protect her and her baby from the effects of hazardous substances.

I can't recall the name of the case but I will have a look for it. Alternatively, it might be available on Bailii.

Regards.

DJ
KieranD  
#3 Posted : 15 November 2012 12:48:15(UTC)
Rank: Super forum user
KieranD

To the extent that a pregnant employee may be experiencing relatively high levels of stress, may I suggest that the issues arising may be most fruitfully examined in accordance with the Equality Act 2010 and associated case law as well as the regulations to do with stress management.
Reeves21895  
#4 Posted : 15 November 2012 13:54:35(UTC)
Rank: New forum user
Reeves21895

Thank djupnorth - would be a perfect example to use.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#5 Posted : 15 November 2012 14:08:01(UTC)
Rank: Super forum user
Ian.Blenkharn

Reeves

I can't imagine how this question takes you all the way from Retail and Distribution, but that aside point them (lead them) to the relevant contacts

In this case, it will be the PCT (or what's left of it prior to yet another NHS reorganisation). At PCT level - the GP's employer - there will be an infection Prevention & Control team, and a Consultant in Public Health Medicine. It is they who should be able to advise, to make certain that sensible RAs and working protocols are in place, and being adhered to.
Reeves21895  
#6 Posted : 15 November 2012 14:23:38(UTC)
Rank: New forum user
Reeves21895

Ian, I run a risk management consultancy business and work across all industries - a fair number of our clients are in logistics in way of an explanation for my wandering off my specified group.

I wasnt strictly speaking correct saying that our client is a GP's surgery as it felt too much detail to post - they are actaully a not for profit business that operates an out of hours doctors practise so dont fall under a PCT and as such and dont have the support functions below. All the doctors are self employed members of the group and we have not been contracted in to look at these (glad really as thats a mine field). The executive board is made up of six GP's who are still in practise and the majority of the companies policies etc are taken from their surgeries as you would imagine. We personally feel that this particular one needs a more through review in light of the concerns below. They are not overly keen to look at a revision as it would set a precident to all the GP members. I want a bit of motivation for them.
Clairel  
#7 Posted : 15 November 2012 14:47:23(UTC)
Rank: Super forum user
Clairel

How would the mother know that it was contracted at her place of work. It could have been caught from any social aspect of her daily life.

There comes a point when you you cannot have absolute control.

From my experience anyone unwell with a rash would be either seen at home or rushed through so as not to infect other patients in the surgery. Because as much as one patient could infect a pregnant member of staff they could also infect another pregnant patient in the surgery.

Once an illness becomes known then you can take precautions but you cannot protect a pregnant woman completely from infections and illnesses in the general population.

In relation to GM specifically most girls are immunised in their teens and this is checked again upon becoming pregnant.
John D C  
#8 Posted : 16 November 2012 12:52:28(UTC)
Rank: Super forum user
John D C

Claire is spot on (no pun intended) with her answer as most girls are immunised against the problem or have had the disease when young which has the same effect. It is extremely unlikely that a pregnant woman would suffer a miscarriage if they did contract GM, the problem is that the disease affects the unborn baby itself and creates health problems.
Take care
John C
Zimmy  
#9 Posted : 16 November 2012 19:37:18(UTC)
Rank: Super forum user
Zimmy

For me, Claire has hit the nail in the right place.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#10 Posted : 16 November 2012 21:00:13(UTC)
Rank: Super forum user
Ian.Blenkharn

Claire, I have a constant stream of cases through my office, where A caught something nasty from B. It's a causal link that should be established, and by exclusion of other possibilities and sound molecular typing that forms the basis of epidemiological study the burden of proof can generally be satisfied.

Reeves, if they are operating a sweetshop different rules will apply, but if they are providing ANY healthcare services in the UK then the CQC will demand registration and they will be subject to additional inspection and more general supervision by the relevant Public Health authorities. Though this is, in some part, moving from the PCTs to LAs, the responsibility exists. That makes it possible also to tap into this source of expertise.
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