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#1 Posted : 02 October 2006 13:06:00(UTC)
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Posted By Clive Lowery Question is are expectant mothers entitled to paid breaks Scenario is expectant Mum working 20 hours in high street retail department, finds she needs to take extra breaks. Employer docks money stating she should work extra hours to make up for the time spent on breaks. He is aware she is expecting. Can the employer legally do this? Where I can I find the legislation? Any advice would be much appreciated.
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#2 Posted : 02 October 2006 13:11:00(UTC)
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Posted By anon1234 I would suggest that any pregnancy risk assessment would identify the issue of fatigue if the role involved being on their feet all day - the logical control measure would be to allow suitable breaks - therefore it is part of compliance with the risk assessment, thus to all purposes becomes a 'legal' requirement and therefore I don't think any deductions should be made. NOTE: the above would in my view only be one of the many factors to consider during the pregnancy risk assessment
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#3 Posted : 02 October 2006 13:11:00(UTC)
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Posted By Jonathan Breeze Clive, That sounds like straight forward Sex Discrimination to me, but I'm no expert on things HR. Take a look at the following for a start, but bear in mind you need more advice: http://www.hse.gov.uk/pubns/indg373.pdf
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#4 Posted : 02 October 2006 13:21:00(UTC)
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Posted By Clive Lowery Anon1234 & Jonathan, thanks for the replies. I have read both INDG373 and INDG373hp. Quite like the approach of the Risk Assessment. Not sure whether extra breaks was involved and will have to ask a few more questions of the lass, unfortunately she has read it but does not have a copy. (Yet) Cheers Clive
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#5 Posted : 02 October 2006 16:04:00(UTC)
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Posted By Alex Grundy Clive All employees working for a shift lasting longer than 6 hours are entitled to a break. Whether this is paid is a matter between employee &employer. Pregnant employees however should be given more consideration especially as this case is involved in retail (I guess long periods of time standing). It may well be wise to offer a stool to sit and rest during quieter parts of the day. Worth bearing in mind that if the employee is exposed to risks then she should be offered an alternative role, or if not one available suspended on FULL PAY until her maternity leave starts. Perhaps better to give an additional 10 minute break then lose her completley for months on end and be paid in full. It has been stated that pregnant women have more protection than the panda bear!!! (not my quote). Also all pregnant employees are entitled to receive paid time off to attend ante-natel classes, scans, doctors etc. Hope this helps Alex
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#6 Posted : 02 October 2006 21:42:00(UTC)
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Posted By Merv Newman I'm going to repeat my response (as far as I can remember it) to a previous thread on mother-hood) "kindness, understanding, courtesy, chivalry, caring. All pregnant women deserve and need this" Pregnancy is neither a handicap nor an illness. It is a condition which requires nurturing. After about 6-months (maybe be even before) (Please don't hurt me) the pregnant women will be suffering pressure on her intestines, her lungs, her bladder and maybe her heart. And damned sure on her legs. (How much can all that weigh ?) Let alone the stress of worrying about the future. So, if she needs a pee-break, encourage her to go whenever she feels like it. If she needs to lie down, provide facilities. If she needs her husband or a mid-wife, have the phone numbers handy. My son is now 44. But I still remember the jelly-like state I was in from about midnight on the 9th of October 1984 to 9am on the tenth. And my wife's direct boss sat with me. (Registrar of Births, Maregies and Deaths) Thank god I'm too old to go through that again. Well, maybe not that old. Any volunteers ? Merv
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#7 Posted : 03 October 2006 11:58:00(UTC)
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Posted By Sheila EJ Keogh Clive, the "expectant mother" should not be obliged to make up for time lost due to slightly longer breaks nor should her pay be docked. This would probably add undue emotional/psychological stress, particularly if she is low-paid anyway (only assuming) and probably trying to gather every penny before baby appears, and of course in employers' duties to look after the h, s, & welfare of staff, that includes mental/psychological wellbeing also. If there are worries that the lady is taking the micky by taking prolonged breaks then I would advise her to visit her doctor/midwife and produce a letter to state whether or not she is fit for duties, whether duties must be reduced etc. Okay, she can hoodwink the medical profession but you will have to accept their medical advice at face value. hope this is helpful. Sheila
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#8 Posted : 03 October 2006 12:28:00(UTC)
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Posted By Barry x As said in a previous post pregnancy is not an illness! This employee is allowed to take extra breaks and there is nothing in the law that would prevent her employer from ensuring that the lost time is made up or wages docked accordingly! Millions of women(probably billions)have had to work up until their due date in other countries in the past (either in employment or looking after other offspring) without the species becoming endangered or suffering any ill effects so why in this country must they be treated with kid gloves! Due consideration for their condition definitely but a free hand to abuse their position? NO
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#9 Posted : 03 October 2006 12:36:00(UTC)
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Posted By Jonathan Breeze Barry X, Please could you clarify how getting pregnant with all that it entails is an abuse of position? Do you have any case law?
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#10 Posted : 03 October 2006 12:37:00(UTC)
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Posted By Sheila EJ Keogh Yes, but a proportion of women suffer miscarriages or give birth to premature babies - widely believed that can be caused by stress - who then can need incubator care, ongoing care etc. Large companies with the money should allow the necessary breaks (in my view). From personal experience, the employer gets far more from staff by allowing a break (15 minutes is often enough) every couple of hours, than from the staff member working through, fighting exhaustion, because they don't want to work late/weekends or to lose pay and then through tiredness not being able to work to their best standards. Sheila.
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