Diane – what an
outrageous statement – I do not believe that we “legitimately discriminate
with regards to pregnancy anyway”!
We advise measures to
protect both the employee and the unborn child – there is a million miles of
difference and the use of those terms will get an inexperienced OHA into a lot
of trouble!
I believe that this
lady could reasonably show that
1 “but for” the
pregnancy she would not have been treated that
way
2 pregnancy was an
effective cause of the treatment (but does not have to be the sole
cause)
3 the treatment she
received amounted to a detriment
The above issues
should of course be addressed by HR in any event and not
OH.
Just a consideration
for a wider debate ..…..employment law is so much a (hugely interesting) part
of our role now and it’s essential to consider the potential impact of advice
– after all you might end up in an ET defending
it.
With
regards,
Jane
Jane
Fairburn BSc
(Hons) RSpCPH (OH) CMIOSH
Occupational
Health Services Director
Mobile 07770 638
268
Office 01925
227 000
Direct 01925
294 775
Dear List,
I think
along the same lines as Jan. If another employee who was not pregnant but had
problems of fatigue was referred, it is likely that one would recommend they
did not do overtime(perhaps for a short period? a month). Therefore one is
giving the advice because of the symptom of tiredness, not because of the
pregnancy.
We do legitimately discriminate with regards to
pregnancy anyway, we ensure that pregnant women are not exposed to
substances,physical or chemical that might harm the unborn child or cause
difficulties with the continuation of the pregnancy.
I would be
inclined to get permission to write to GP/Consultant and explain your
concerns to them. They can then give appropriate advice to the
lady.
Do also ensure that there are adequate rest facilities and
that she knows where they are and that she can use them.
(All
this seems so different to when I had my first child in 1984 when we were
obliged to take maternity leave (when working as a nurse) at 11 weeks before
EDC. I did sit and twiddle my thumbs for a bit, however I was glad of
the rest at the end. There must be some happy medium between this and
saving all your leave for after the baby is born, by flogging yourself
up to the last few weeks...)
Cheers
Diane