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Pregnancy Discrimination?

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  • Pregnancy Discrimination?

    Hi guys,

    My Fiancée is currently working whilst pregnant and is often left on her own to support a role intended for 3 employees. She was put into the position after the company made another member redundant, however, for legal reasons, they employed her under a revised contract with a role as 'telephonist' when she was actually working as 'service advisor' receiving bonuses for the work she had done.

    3 weeks ago, she was signed off work with stress as the company didn't provide enough support when other members were on leave (effectively left to work on her own for 10 hours a day)

    When she returned her boss had her in a meeting to discuss where to go. She agreed that taking a back seat and reverting to her old job role was a good idea as she would be in the office and not have to deal with pressurised encounters with the public.

    She recorded the conversation on her phone and he wrote down what was said. She signed the paperwork and agreed in 2 weeks time she would become a telephonist once again. Little known to her (baby brain) he had altered the reason for her reverting back to her old job on paper and had written that she couldn't cope with the pressure. However she has audio stating that it was the lack of support from him as the reason.


    Today her boss told her she won't receive any bonuses and her Saturday hours would be cut off.


    Where does she stand legally with this?


    She has spoke to her manager and he vocally shouted her down. Since then she has gone above her boss who has agreed that she should still receive extras.


    Thanks for any help!
    Tags: None

  • #2
    Re: Pregnancy Discrimination?

    I am afraid this is going to be one of those answers that doesn't get high votes in the popularity stakes.

    It is her opinion that her employer doesn't provide her with enough support to do her job. It is her opinion that she is doing the work of three people. And stress doesn't exist anyway, but it her opinion (and possibly her doctors opinion based solely on her word - so not evidence of anything except what she said) that it is work related or that this is the employers fault.

    Regardless of what she recorded (which may in fact be a disciplinary offence!), what she told her employer was that she cannot cope with her job - that is a fact and it one that you agree she said. The reason she can't cope is irrelevant - there is no form of legal action that can be taken based on opinion that it's the employers fault with no objective evidence either of fact or damage. It is just as valid an opinion that she is unable to cope because she isn't as capable as others.
    So there was an agreement she cannot cope with the job and she agreed in writing to go to another job - one she had done previously - which attracts no bonuses and has no Saturday hours. So frankly, if someone higher up has decided she should still get those things, then this would be the time to "keep mum" because legally she doesn't really have a leg to stand on. People get paid what the wage for the job is and she is lucky that her employer supported her and not the manager - many would not have done.

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