hoping someone can give me some advice as I’m not sure what the best thing to do is and feeling a bit overwhelmed and worried.
I work as a support worker for adults with autism and some of those adults can be physical. I’m currently 25 weeks pregnant and this morning my work wanted me to work with someone who has previously been violent towards me (punching,kicking, throwing objects ect) and I said I wasn’t happy to work with them due to this. I spoke with someone from HR who just said that because the individual hasn’t shown violence in a certain time frame that they don’t see an issue with me working with them but I still don’t feel comfortable taking that risk.
I’ve taken the day as a sick day as I don’t want to be forced to work with someone I’m not comfortable with. I know my anxiety is probably higher than some but am I being unreasonable for refusing to work with them? Also what can I do if they try to make me work with them again? Not sure where to go from here as I’m due back in work tomorrow!
Any advice? Thank you
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ZiggyandBC
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15 Replies
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Thats so awful Ziggy I am so sorry they aren't supporting you.
I think it's a really fair ask that you have, and I think legally they should support you. Have you googled the maternity rights on the gov.uk website? I am 100% sure there is a bit about safety at work and I think the 'window of when they have last been violent' sounds like a weak excuse to me.
It's a difficult road to go down but if they continue to be difficult about it I would remain off sick and also maybe find an employment lawyer. They will often have one call with you free of charge to discuss the situation and advise you of your rights. You could also try the citizens advice bureau as I think they have information on their website.
Thank you Daisy! It’s really rubbish because now I’m losing a days pay as I refused to put myself in that position.
I’ll have a look into what you’ve suggested, I’m due to go on maternity leave early next year so I don’t have long left at work and I don’t plan on going back to this job afterwards that’s for sure!
I know you probably don't want to but you can take maternity up to 11 weeks before expected week of childbirth. I know for me that was early Feb, and you are at least 3 weeks ahead of me, so you could be free of them in January! But then obviously you are cutting short the other end once the baby is born. Something to keep up you sleeve though xx
I’m planning on using all my annual leave for next year in Jan/early Feb so as long as they approve it I can go on annual leave until my maternity leave starts so I wouldn’t have to go back after Xmas. Fingers crossed they let me do that! 🤞🏻X
hiya, I completely understand what your saying. I used to work with a company who worked with adults with learning disabilities and autism. A number of them could be violent. Pregnant women were moved to other areas during the time of their pregnancy. Even if that person hadn’t been violent for a while if there care file said they could be you didn’t work with them. Stick by your guns. You’ve gone through so much to get this far xxx
thank you! I wasn’t sure if I was just being overly cautious so wanted to hear from others but even when I’m not working directly with those people who can be violent I’m still on edge just being around them! It’s such a nerve wracking time. I think in pregnancy we just see the potential danger in everything so it all seems a lot scarier. I just know Id never ever forgive myself if anything happened at work
I don't have any words of wisdom - but your request makes total sense to me! I would be exactly the same.
It sounds very wrong for your work to put you in this position and causing you unnecessary stress.
Stand your ground. Nothing is worth risking this precious pregnancy....
Xxx
Hi Ziggy
That’s awful to hear, you really shouldn’t be doing anything that is a risk. As a care home manager myself for many years my advice would be to ask if your manager has completed a risk assessment, and if so what’s on the risk assessment with regards to working with people who have displayed challenging behaviour in the past. It may not seem relevant but can I ask how long you have worked for your company ? I’m happy for you to PM any questions
My experience has always been to offer ‘light duties’ as part of the risk assessment so people who are pregnant aren’t at risk of any harm and this mainly involved helping with paper work but I know some companies are useless at being proactive in managing risks - and instead just react after a situation has occurred.
Thank you for your reply. I’ve worked here since 2020 so above 2 years now. I know it’s probably because they’re really understaffed so don’t have the spare staff but I still won’t be forced into doing something I’m not comfortable with. I’ve emailed my manager this morning but heard nothing back 🤷🏼♀️ I’m due back tomorrow so I just hope they don’t put me in this situation again
If your feel uncomfortable then ring in sick tomorrow and then ring ACAS. You’re over two years now so they can’t just get rid of you, legally they have to complete a risk assessment. Have you signed one ?
It’s always worth a call to ACAS and also Pregnant Then Screwed. They are well up on maternity employment law and in some cases I believe ACAS can speak on your behalf to your employer (need to check that). Your work will (should) have already done you a workplace risk assessment, and if they haven’t then they don’t have a leg to stand on. If they have then they should have made reference to violent patients-if you don’t have a copy, ask for your risk assessment (I had to sign mine-did you?) so you can see how they have dealt with this issue. I would be surprised if they keep pushing you into this as if the worst happened you would sue them for everything they have, and you’d win. Xx
Hi, I'm sorry hear that. Could you speak to your doctor and explain him/ her the situation? Perhaps that way you can get sick leave or a note informing your employer about the risks of the situation. Something along the lines that this situation puts you under stress and anxiety which are not good for the pregnancy.
By law your company have to do a risk assessment with you when you informed them of your pregnancy to keep you safe at work. They legally have to make all reasonable adjustments - including putting you on desk duties.
I’d say this falls well outside this and the fact you have flagged it makes you worried is even worse. Reasonable adjustments include both mental and physical health…
Your HR team should know all this…
I’d go back to them.
You should be getting paid
If not there’s a good organisation who can help - pregnant and screwed I think… I’ll just Google!
This sounds rubbish. Have your work done a risk assessment? I work in a secondary school one of the duties taken off of my ‘plate’ was break duty. I was also told to not be in the corridor during lesson change over. This was all about minimising the risk of being bumped by accident. I feel like if the behaviour is a known risk it’s irrelevant how long ago it was. Maybe ask for a risk assessment to be done/ up dated and have it included. Also remember you have to agree to it. They can’t tell you they’ve decided it’s safe. You have to feel comfortable that they have genuinely reduced risk.
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