Changing Job Roles.

[SarahWakefield]

Hello all. Hope you are all okay.

Need some more advice, I have already rung ACAS regarding this matter but the lady I spoke to didn't really make herself clear, I am going to phone back but I just thought I'd check in here first and see if any of you have any advice. Its a long story, so here goes:

I currently work for a company that I have worked for for the past 4 years this year. We got taken over by a different company in January/February last year. I haven't (nor any of us have) signed a contract with this new owners, so all I have at the moment is a contract from 2008 saying I am a Night Care Assistant - which I aren't anymore I am or should I say WAS Laundry Assistant.

Now, bearing in mind I am 20 weeks pregnant this Sunday - I had a few days off 2 weeks ago and returned to work on the Friday to be told that I was no longer Laundry Assistant and was now the Cleaner and my hours were been cut. Are these people allowed to do this with no notice what-so-ever and especially when I am pregnant? This is giving me more to do and I was always told I should have lighter duties.

I am NOT happy about this situation and I have told the area manager and all she said was put it in writing and she didnt know whether or not I needed notice for them to change my job role and cut my hours.

ANY help would really be appreciated.

[Abigail]

Regardless of your contract, you shouldn't be using any chemicals that could harm the baby. You shouldn't be doing potentially dangerous activities such as climbing any height, heavy lifting or any strenuous work. Your centre of gravity shifts during pregnancy which makes you more likely to lose your balance. You need a risk assessment in addition to the one that should already be in place to include the things I've mentioned. I would refuse to do any work until the assessment is conducted and to your satisfaction.

The change of job role without consultation is something I can't comment on as I'm not an employment expert. It could be that the additional precautions your employer needs to put in place is too much bother for them. If you did have a contract I would venture that the change of job role without consultation is a breach of contract on their part. Being pregnant obviously raises the issue of how much they legally have to pay you for maternity leave now that you're working less hours. It wouldn't be the first time an employer constructively dismissed a pregnant woman in order to avoid paying maternity allowance plus the cost of hiring a temporary replacement.

[Perdita]

Any alteration to a contract requires a notice period, how much depends on your length of service.

[SarahWakefield]

Regardless of your contract, you shouldn't be using any chemicals that could harm the baby. You shouldn't be doing potentially dangerous activities such as climbing any height, heavy lifting or any strenuous work. Your centre of gravity shifts during pregnancy which makes you more likely to lose your balance. You need a risk assessment in addition to the one that should already be in place to include the things I've mentioned. I would refuse to do any work until the assessment is conducted and to your satisfaction.

The change of job role without consultation is something I can't comment on as I'm not an employment expert. It could be that the additional precautions your employer needs to put in place is too much bother for them. If you did have a contract I would venture that the change of job role without consultation is a breach of contract on their part. Being pregnant obviously raises the issue of how much they legally have to pay you for maternity leave now that you're working less hours. It wouldn't be the first time an employer constructively dismissed a pregnant woman in order to avoid paying maternity allowance plus the cost of hiring a temporary replacement.

I said I wasn't prepared to use chemicals and all they said was 'aslong as COSHH certificates are in place and protective clothing is worn, theres not a problem'
I've been asking for my Risk Assessment for weeks, they still haven't done one or even mentioned it recently.

[Perdita]

you need to make them aware of any concerns in writing to your line manager and copy it to whoever is higher in chain of command. Keep a copy for your own records!!! Consult ACAS about maternity regulations to get the facts!!!