Work problems due pregnancy

Daniel1986

Hello everyone.

Me and my wife are looking for some legal advices.

My wife is working in a popular chain of fast food restaurants for almost 2 years now. Everything was perfect, she got promoted after 6 months, and she had a great relationship with her work colleagues.

Problems starts when she told them about her pregnancy.... She was demoted from her position of supervisor shortly after her announcement. Off course the first thing they told her when she was being demoted that this have nothing to do with the fact that she is pregnant ....

Me and my wife decided to let it pass, fact that she got demoted we didn't want to escalated the issue because we didn't want to make her work there, a living hell.

Unfortunately they are really trying to make her work there unbearable. Sometimes we think that they want her to quit.

This is my wifes second pregnancy the 1st unfortunately result in miscarriage. (Employee was aware of this fact) During the second pregnancy it was normal for me and my wife to be extremely careful and not to ignore any signs of complications.

My wife start to feel sick at work and sometimes she was asking to be send away home early or she was asking for extra break.
Store manager was refusing early finish, and when my wife felt sick and she sit down for few minutes, different manager told her that she is "showing bad example to other employees, and she need go back to work".

Only after 3x !!! letters from GP they let her "breath" a little.
Store manager is slandering her behind her back, they are doing everything now to get rid of her. Recently he told 1 of the employees "Good that she in going on holidays I will not need to see her again".

My real question is.... Is there a point of taking this further? We cant afford a solicitor, and local citizen informations offices were little to none help for us.

What you would do in our situation ?

Stheno

Is she unable to do her current job due to her pregnancy causing her to be ill?

Daniel1986

She is able to do her job, off course they are some obvious limitations like heavy lifting, and standing for to long in 1 position. She is in her 7 month now. She will be starting her maternity leave next month.

jaymcg91

Have they conducted a risk assessment? If your wife can't stand (for example) for long periods of time, then the employer is obliged to find another job for her to do whilst pregnant.

runawaybishop

Contact a legal professional.

Stheno

jaymcg91 wrote: »

Have they conducted a risk assessment? If your wife can't stand (for example) for long periods of time, then the employer is obliged to find another job for her to do whilst pregnant.

The employer is required to do a health and safety inspection alright and change any duties deemed a risk. If they can't they can send the employee on health and safety leave and must pay that leave for up to three months

OP you should contact NERA

Daniel1986

jaymcg91 wrote: »

Have they conducted a risk assessment? If your wife can't stand (for example) for long periods of time, then the employer is obliged to find another job for her to do whilst pregnant.

No they don't care. We had GP letter stating that she unable to heavy lift and standing in 1 position for too long. Nothing changed.

Daniel1986

runawaybishop wrote: »

Contact a legal professional.

Yes we are aware that this would be the best solution. The question is it worth it? We are not in a great financial situation at the moment (demotion + baby due), we can't afford any "extra" legal costs.

Stheno

Daniel1986 wrote: »

Yes we are aware that this would be the best solution. The question is it worth it? We are not in a great financial situation at the moment (demotion + baby due), we can't afford any "extra" legal costs.

A consultation with a solicitor will tell you if it's worth it and shouldn't be too expensive

Elliottsmum79

Daniel1986 wrote: »

No they don't care. We had GP letter stating that she unable to heavy lift and standing in 1 position for too long. Nothing changed.

I would advise your wife to go to your GP and go on sick leave. Appalling behaviour by her employer who is evidently attempting to bully her out rather than pay maternity leave. Please GET a solicitor now. They are not as expensive as you imagine. €300 should be the upper end of advice and a letter.
If you wife really is not safe to work there she should contact her GP and discuss situation with a view to going on sick leave. Her/your/babys health is not worth the risk. This is awful behavior and I am outraged on your behalf.

Little CuChulainn

Nera, Human Resources and solicitor.

amdublin

What reason did they give for the demotion??? You can't just demote someone for no reason.

conorh91

See if there's a FLAC legal advice centre in your area

http://www.flac.ie/help/centres/

If not, you could always try some different citizens' information centers. Some of them in Dublin have access on appointment to a solicitor competent in Employment matters.

Victor

I'm sorry to hear this.

This may be an option http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/health_safety_benefit.html however, the issues seem to be fully within the control of the employer - they just don't care.

http://www.irishtimes.com/business/work/ilac-store-manager-awarded-55-000-for-working-conditions-1.2289894

Stheno

Victor wrote: »

I'm sorry to hear this.

This may be an option http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/health_safety_benefit.html however, the issues seem to be fully within the control of the employer - they just don't care.

http://www.irishtimes.com/business/work/ilac-store-manager-awarded-55-000-for-working-conditions-1.2289894

Victor, before getting this ops partner would be entitled to up to three months health and safety leave and full pay as per my post, however the employer has to agree

Serjeant Buzfuz

Get advice from a Solicitor specialising in Employment law, if you're worried about cost ask for a quote up front. This type of case is far too common and employers get away with murder because workers are scared to take them on. Don't waste your time with Citizens Advice, but be careful what solicitors you choose. Employment lawyers love this type of case, pregnancy cases are much easier to bring home. You only need worry about your own legal costs because you will be going to A tribunal/rights commissioner, and only pay for your own side.