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Posted By Wendy Howells
Perhaps I could get some clarification on the point of how one is meant to advise their employer that they have just discovered that they are pregnant.
I was employed in a private nursing home when I discovered I was pregnant. As I am only 18 years of age - it came as a bit of a shock to me as well.
I was given a very 'frosty' reception to the news when I told the employers verbally that I was pregnant. They subsequently made my life a living nightmare and 5 months into my pregancy I felt too stressed and emotional to carry on with my employment.
The issues here are that I felt very discriminated against but on further exploration of the reasons, I was told that because I hadn't notified the employers in writing of my pregnancy, then they could not be held accountable for any health disaster that could occur. Incidentally I wasn't provided with any guidelines of the employers protocol regarding pregnancy and neither did they ever ask me to submit notification in writing.
Can anyone shed any light on this 'requirement' of informing the employer in writing that you are pregnant (I am aware though that I would have had to notify them in writing regarding maternity leave), because no other business I am involved with requests their pregnant employers do this before they ever consider undertaking a risk assessment on them
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Posted By Rakesh Maharaj
Dear Wendy,
Based on the facts you present, it appears as though your employer has acted irresponsibly. Your employer is correct in so far as requesting notification in writing prior to undertaking a risk assessment. These guidelines are contained within a document called an Approved Code of Practice. The legal provision regarding pregnant workers is contained within the Management of Health and Safety at Work Regulations 1999.
That said, your employer has a duty to train and inform you on the company's provisions regarding health and safety - and that should include actions to take in the event of falling pregnant - or in the very least tell you who you should contact if you had a health and safety concern. This is a general duty under a higher act and failure to comply will result in a higher sanction. An employer can provide you with this information through one of the following means:
1. An employee handbook;
2. A health and safety policy;
3. Induction training and/or training notes; and/or
4. Making you watch a video.
Regardless of how this information was passed on to you, you should have been told what to do if you fell pregnant and if not, then you are not expected by law to know this.
I am sure that others here will have their opinions will give you further advice on the next steps.
Good luck.
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Posted By Wendy Howells
Dear Rakesh.
Thankyou for the information - I am unable to secure funding for professional advice regarding evidence to present for an Employment Tribunal so the information you gave will of great help to me - thankyou.
Wendy
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Posted By Paul Leadbetter
Wendy
Contact your local Citizens' Advice Bureau if you need legal help.
Paul
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Posted By J Knight
Hi Wendy,
a formal request for maternity leave using form MATB1 will meet the requirements for informing your employer 'in writing',
John
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Posted By Wendy Howells
Thanks - but I left my employment at 17 weeks - the employers knew I was pregnant but refused to risk assess me for heavy lifting, and the MAT B 1 form is not available until 28-29 weeks.
Wendy
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Posted By Geoff Parkinson
http://www.hse.gov.uk/PUBNS/indg373hp.pdf
The above link takes you to a useful document. It gives a good outline to what employers should be looking to do. You'll find it states that employers must make relevant info available to all women of childbearing age (dreadful expression!!) regardless of if they have notified them of their pregnancy or not.
Incidentally, the MAT B1 should be produced around week 20 to 22, not 28 to 29.
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Posted By Geoff Parkinson
The MAT B1 is notification that an employer wishes to claim statutory maternity pay or maternity benefit, not a formal notification of pregnancy - although it obviously becomes that by both default and inferrence!!
My understanding is that if a woman decided to claim neither allowance, she theoretically does not need to submit the form.
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Posted By Wendy Howells
Hi
Anyone aware of the acceptable weight or load that pregnant women are permitted to carry in the first 12 weeks of their pregnancy?
Wendy
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Posted By ciara brennan
hi
i think the lifting issue in the first 12 weeks is more of a "way you lift" more than anything and cause you lift heavier things in a more awkward haphazard way you may be more likely to injure your baby.
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