Pregnant lady, employer wants change of hours & mentions 'Redundancy' when I said I couldn't..?

I'm 13wks pregnant, worked for employer part time for 20mths & don't have a written contract.

I've been working the same 3 days & hrs for over a yr. 2 of my days off a wk I look after an elderly relative which my employer knows about & agreed to work my days around. On top of all this, I've been dealing with constant pregnancy sickness which I have seen my GP about.

My employer now wants me to come into work 4 days a wk but still work the same hrs, just stretched out. Because of my commitments & along with having to deal with a difficult pregnancy, I just can't manage it physically & practically.
She said she won't take on another employee despite there being a desperate need for 1.

She's now said (in front of my full time colleague) that if the change isn't made there may have to be 'redundancies' & if the worst comes to the worst, she'll have to close the business making everyone redundant as she can't cope with working there.

I feel cornered & upset. Any legal advice?
Additional Details
I don't have any days to play with, I get one day during the week to do my banking and shopping etc as my other day off is Sunday.
I don't have a life as it is, but I'd be working 6 days a wk & it'd kill me.

The day she wants covered is already worked by my co-worker, so there's nobody to cover me.
As for money being tight, that'll be the £24,000 a yr school they send their child to!

snifflesmirk

I don't think many of the answers you have received so far are applicable for the UK.

I think you could take the company to an employment tribunal if you were made redundant and you could win - claiming unfair dismissal.

http://www.compactlaw.co.uk/tiscali/empf35.html

You are entitled to maternity pay and leave for any pregnancy related medical appointments.

You have a legal right to ask for flexibility to help with caring / child arrangements. Your employer can refuse but they need a good reason.

However, not having a written contract could be a problem - does the business do your taxes and National Insurance?

But even if you don't have a written contract, you would have what lawyers call an oral and/or implied contract. Employers also have a legal obligation to provide most employers with a written statement within two months of starting the job. It sounds like your employer is unprofessional and all over the place.

If you happen to belong to a union, then contact them for advice. If your partner belongs to a union, you may find they will be able to provide advice to you.

If not speak to your local Citizens advice Bureaux - most can handle queries by phone or email as well.

http://www.citizensadvice.org.uk/index/getadvice.htm#searchbox

Mel

The employer has the right to determine the hours that the business must operate, as well as other things such as job duties, pay rates, etc. The employer also has the right to change arrangements which were made at the time of hire regarding hours of work, pre-arranged days off, etc.

This is essentially what your employer has done - determined that a change in hours is required to support the business objectives. You have the choice of changing your schedule to work the required shift, or finding a new employer who can support your personal requirements.

It is always dicey to lay off a pregnant worker, but based on what you've said here I think the courts would rule in favor of the employer. Working the required hours would be viewed as an essential function of your job.

I might suggest that if your pregnancy is indeed difficult, you ask yoru doctor to place you on disability leave. Some states allow you to claim state disability while you are disabled for pregnancy, and if your company employs enough people, you may be entitled to legally protected leave time as well.

Good luck.

Fairydust

I am so sorry to hear about this. My employer paid me off without warning when I was 22 weeks pregnant, and even when I took them to an Industrial Tribunal, they made some poor excuse as to why I was sacked and denied it had anything to do with my pregnancy. Despite having a lawyer, I couldn't prove my case and they won. Just be careful, and try to get some legal advice so that you know where you stand. Best of luck. x

Andy G {Join The Resistance}

From your explanation, it does not sound like you have much of a legal leg to stand on. Your employer has to focus on making the business profitable and it sounds like your employer is making reasonable accomodations.

Just because there is a need for an extra employee, it doesn't mean that she can afford to hire one unless hours were cut.

However, if you feel that you are in a hostile work environment and you are being cornered because you are pregnant, then it can fall under "gender discrimination". But you have to prove it, and if you can prove it then you should consult an attorney.

paobay

The business has been tough for the past year, and it is hard for her to adjust all the expense, because she doesn't have too much hours for full time and your hours aren't enough for her.
I think you can work out something with your co-worker to see if anyone can cover your shift (the unplanned) one. It is hard to be pregnant and working, have you look into the short-term disability insurance, so you can be on it, if you really needed to.
If she let you go, then you can claim unemployment (pls verify with local goverment about qualification.

Tara & darren C

she probley cant afford to take on someone else.by the sounds of it the employer you work for is having a lot of problems.if you dont want to be made redundant try meet her half way

the paper xpression

Thats how it is unfortunateky.

They always need someone constnt to build profits for the company, agrre or not if you were an emplyer you might probably feel the same way.

sorry about that though.

Pam H

She is the employer. An employer employs you because they need someone there to work. They do not do it to serve your needs. If you cannot fill the needs the employer has, then they may no longer want to employ you. They are in business to make money, not to fill your needs.

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