Hours & weekly pay reduced when pregnant

[Terry Wainwright]

Would be grateful for any advice on this. My girlfriend is a nanny, who has been employed for three years in current role, and without looking in to her rights and obligations did what she thought was the decent thing to do - gave her employer as much notice as possible of her condition. (She's nowhere near the point I've just read where she has an obligation to tell them.)

Lo and behold, less than two weeks later she has been told that in the new year the 4yr old boy she looks after will be spending more time at nursery and therefore her hours and pay will be reduced.

I suppose this is a classic case of shooting herself in the foot, and there's nothing she can do now because they have a valid reason for the reduction in hours? She's being asked to sign a new contract, but has not done so yet.

I think I heard something once about it being possible to reduce a pregnant person's hours but not their pay. Is there any truth in that?

 

[ethical PR]

She can call the ACAS helpline and/or look at the gov.uk lots of information on maternity and employment.

It would make sense for a four year old to be spending more time at nursery - perhaps he's going full time from January.

So the two matters could be completely unrelated.

 

[Employment Law Clinic]

Agree with Ethical PR - could be just coincidence, but worth speaking to ACAS for an idea of your girlfriend's rights.



Karl Limpert

 

[Terry Wainwright]

Thank you both. It did occur to us it might be a genuine change, and of course it really might be. The problem is we'll never know, and it just seems rather convenient timing.

On the gov.uk website, they say "Employers can’t change a pregnant employee’s contract terms and conditions without agreement - if they do they are in breach of contract."

That seems to indicate that if my girlfriend refuses the changes, she has the right not to have them imposed upon her...?

 

[ethical PR]

Has she given ACAS a call yet? Or she can get an initial consultation with an employment lawyer.

Why convenient timing? The child is getting to an age where they would normally be taking up a full time nursery place and many schools and nurseries have children go full time from January. Not something the parents would have control of.

 

[Terry Wainwright]

A couple of weeks before informing them, she was asked to hand deliver a response slip of some sort to the nursery, confirming that it was the parents' intention for the boy not to spend more time at nursery in the new year. That's why we're both sceptical.

ACAS suggest an informal discussion to start, explaining that she is not agreeable to the reduced hours. That had already been tried, with the end result being one of them shouting at her, calling her ungrateful (?), and storming off.

 

[ethical PR]

So you knew when you posted that this was the case, but didn't mention it The feedback we provide is only as good as the information you supply.

Sounds like she needs to go back to ACAS or have a consultation with an employment lawyer.

 

[Terry Wainwright]

There is no evidence of it though, and it is nonetheless possible that they changed their minds with the boy's best interest as their main, or only, motivating factor.

Can't afford legal consultation due to debt and other inescapable outgoings.

 

[Scalloway]

Try your local Citizens Advice Bureau for free advice.

 

[Newchodge]

She can refuse to reduce her hours. They may then have the option of terminating her contract through redundancy.