Employment
If you are struggling with your employers whilst suffering with HG, this page offers some practical tips and signposts to people who can help.
HG and Work
Whilst work is a large responsibility of most people’s lives remember to take care of yourself primarily. Even if your symptoms come under control you do need to ease yourself back into work, doing too much at once can put you right back at square one.
Once you have told your employer that you are pregnant, they have duties to fulfil and accommodate your pregnancy and the symptoms which you are currently experiencing. If your direct line manager isn’t proving to be helpful, it is always worth contacting your HR department who can put a plan in place. You are protected by the Equalities Act 2010, and when your employer knows that you are pregnant you cannot be discriminated against, disciplined, or made redundant due to any pregnancy-related sickness or leave you take, and your employer has a duty of care and must maintain privacy and dignity at work.
Listen to the Hyperemesis Files podcast - Episode 7, Series 1 and hear from employment solicitor Danielle.
INFORMATION FOR EMPLOYEES
Please click here for a downloadable information sheet about information for employers and Nausea & Vomiting in Pregnancy (NVP) and Hyperemesis Gravidarum (HG).
INFORMATION FOR EMPLOYERS
Please click here for a downloadable information sheet about information for employers and Nausea & Vomiting in Pregnancy (NVP) and Hyperemesis Gravidarum (HG).
MATERNITY DISCRIMINATION
Under the Equality Act 2010, it is unlawful discrimination for an employer to treat someone unfavourably because of their pregnancy or an illness relating to their pregnancy or because they are exercising, has exercised or is seeking or has sought to exercise their right to maternity leave. This special protection applies from when a person becomes pregnant and continues until the end of their maternity leave, or until they return to work if that is earlier. This is referred to as “the protected period”.
Anyone who has suffered discrimination can bring a claim for compensation before an employment tribunal.
What is unfavourable treatment?
Unfavourable treatment could be demotion, dismissal or the denial of training or promotion opportunities because an employee is pregnant or on maternity leave. An employer is not permitted to take into account any pregnancy-related absences during the protected period for the purposes of attendance management or when deciding whether to dismiss an employee. This would also be unfavourable treatment. For this reason, any sick leave taken for a pregnancy-related illness should be recorded separately by your employer.
By way of example, unfavourable treatment for any of the following reasons will amount to pregnancy discrimination:
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any absence due to pregnancy-related illness
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a person’s inability to attend a disciplinary hearing due to pregnancy sickness or other pregnancy-related conditions; or
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performance issues due to pregnancy sickness or other pregnancy-related conditions.
Citizen’s Advice details what you can do if you are not receiving maternity rights. You can be considered as receiving maternity discrimination if you have received unfair treatment even partly in relation to your pregnancy. Maternity Action has some great information on pregnancy discrimination. Pregnant Then Screwed has some very useful resources around maternity discrimination, and also a helpline you can call for advice.
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Useful links for sufferers and employers
Citizens Advice – what you can do if you are not receiving maternity rights
ACAS – information on employment law
Maternity Action – protecting maternity rights in employment, social care and healthcare
Pregnant Then Screwed – offers legal advice, support and information regarding maternity rights
Gov UK – taking sick leave
Gov UK – employers’ legal obligations
Working Families – national charity for working parents and carers
Equality Human Rights – information on equality and discrimination
“My boss said that when his wife had morning sickness she was able to get to work – that was helpful.”
Ingrid Klein | Shropshire