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Colossians 1:14		#1 Posted : 21 December 2015 11:42:23(UTC)
Rank: Forum user		A family friend works in a nursery and is in the first weeks of pregnancy. The employer is not very happy and has give the lady a 'verbal warning' disciplinary for having a day off sick last week. It seems clear to me that the nursery manager is going to make life had for my friend, what steps should the lady in question take with regard to making sure she is properly risk assessed and informing the company of her pregnancy (I have advised her to get the nursery manager to acknowledge a written letter from her informing of her being pregnant and asking for policies and procedures for expectant mothers). Anything I have missed or could add?
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stevie40		#2 Posted : 21 December 2015 12:39:02(UTC)
Rank: Super forum user		I (along with most on this board) can only answer from a H&S perspective, not an employment law one. For H&S matters relating to pregnancy, the relevant sections are 16, 17 and 18 of the "Management Regs" 1999. Full title = The Management of Health and Safety at Work Regulations 1999. http://www.legislation.g.../1999/3242/contents/made The approved code of practice (ACOP) document for the management regs has been withdrawn by the HSE and replaced with web based guidance. See http://www.hse.gov.uk/mothers/
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Invictus		#3 Posted : 21 December 2015 12:43:12(UTC)
Rank: Super forum user		Theres also the new and expectant mothers regulations.
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stevie40		#4 Posted : 21 December 2015 12:52:07(UTC)
Rank: Super forum user		Invictus - never heard of them. Got a link or did I fall asleep when we covered that (PS: not being facetious, I really do nod off sometimes). Colossians - forgot to mention the Equality Act 2010. Pregnancy is a protected characteristic and you cannot be discriminated against because of it.
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Invictus		#5 Posted : 21 December 2015 12:58:26(UTC)
Rank: Super forum user		stevie40 wrote: Invictus - never heard of them. Got a link or did I fall asleep when we covered that (PS: not being facetious, I really do nod off sometimes). Colossians - forgot to mention the Equality Act 2010. Pregnancy is a protected characteristic and you cannot be discriminated against because of it. HSE website just put in the search New and Expectatnt mothers.
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Colossians 1:14		#6 Posted : 21 December 2015 13:00:41(UTC)
Rank: Forum user		Invictus wrote: stevie40 wrote: Invictus - never heard of them. Got a link or did I fall asleep when we covered that (PS: not being facetious, I really do nod off sometimes). Colossians - forgot to mention the Equality Act 2010. Pregnancy is a protected characteristic and you cannot be discriminated against because of it. HSE website just put in the search New and Expectatnt mothers. Thanks all I think invictus is referring to the MHSAW regs as highlighted!
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stevie40		#7 Posted : 21 December 2015 13:00:54(UTC)
Rank: Super forum user		That was the link I gave in the first reply. It is not a specific set of regulations though, it just links back to the Management Regs and a bit in the Welfare regs. Had me worried I'd missed a new regulation there.
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Invictus		#8 Posted : 21 December 2015 13:08:10(UTC)
Rank: Super forum user		stevie40 wrote: That was the link I gave in the first reply. It is not a specific set of regulations though, it just links back to the Management Regs and a bit in the Welfare regs. Had me worried I'd missed a new regulation there. Maybe your right and I am thinking of a policy, sorry!
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HSSnail		#9 Posted : 21 December 2015 13:42:30(UTC)
Rank: Super forum user		When the original management regs were put into force in 1992 they forgot about young persons and pregnant workers, so for a short while we did have separate regulations. Then they drafted an amendment order and brought the regulations under the management regs. Obviously we are now on the 1999 version which includes these duties - so Invictus and Stevie in a way you are both right.
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Invictus		#10 Posted : 21 December 2015 13:46:26(UTC)
Rank: Super forum user		Thanks Brian, thooght i'd made it up.
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stevie40		#11 Posted : 21 December 2015 13:57:12(UTC)
Rank: Super forum user		Thanks Brian. Good to know the history.
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HSSnail		#12 Posted : 21 December 2015 14:05:34(UTC)
Rank: Super forum user		That's OK some of us oldies still remember the 6 pack coming out! Started working in this silly game in December 1985 so just completed 30 years! (I should have robbed a bank would have got less time!)
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gramsay		#13 Posted : 21 December 2015 14:46:54(UTC)
Rank: Super forum user		Colossians 1:14 wrote: A family friend works in a nursery and is in the first weeks of pregnancy. The employer is not very happy and has give the lady a 'verbal warning' disciplinary for having a day off sick last week. It seems clear to me that the nursery manager is going to make life had for my friend, what steps should the lady in question take with regard to making sure she is properly risk assessed and informing the company of her pregnancy (I have advised her to get the nursery manager to acknowledge a written letter from her informing of her being pregnant and asking for policies and procedures for expectant mothers). Anything I have missed or could add? Hi there, I think what you've advised is exactly right. Obviously we don't know the full details of the disciplinary action but it may be worth considering an appeal - if this is likely to end up in an employment tribunal the more everything is spelled out in black and white the better. There's some pretty appalling behaviour around from some employers.
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jay		#14 Posted : 21 December 2015 15:22:02(UTC)
Rank: Super forum user		The reason why the initial Management of Health & Safety at Work Regulations 1992 did not cover young persons & expectant/nursing mothers was because the EU Directives for the same requiring transposition were made much later than the Framework and 5 daughter directives.
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Invictus		#15 Posted : 21 December 2015 15:33:10(UTC)
Rank: Super forum user		gramsay wrote: Colossians 1:14 wrote: A family friend works in a nursery and is in the first weeks of pregnancy. The employer is not very happy and has give the lady a 'verbal warning' disciplinary for having a day off sick last week. It seems clear to me that the nursery manager is going to make life had for my friend, what steps should the lady in question take with regard to making sure she is properly risk assessed and informing the company of her pregnancy (I have advised her to get the nursery manager to acknowledge a written letter from her informing of her being pregnant and asking for policies and procedures for expectant mothers). Anything I have missed or could add? Hi there, I think what you've advised is exactly right. Obviously we don't know the full details of the disciplinary action but it may be worth considering an appeal - if this is likely to end up in an employment tribunal the more everything is spelled out in black and white the better. There's some pretty appalling behaviour around from some employers. On that point tell ner to get a diary and meke notes including time and dates about her treatment, this always helps at a tribunal.
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Invictus		#16 Posted : 21 December 2015 15:41:31(UTC)
Rank: Super forum user		finks mine smelling is going worser.
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johnmurray		#17 Posted : 21 December 2015 17:48:08(UTC)
Rank: Super forum user		http://www.maternityacti...regnancy-discrimination/
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