Restricted Duties due to Pregnancy

[lurker]

Hi all,

Are all pregnant Train drivers immediately placed on restricted duties?

Even if they have no medical concerns and the pregnancy is progressing well.

My main concern is that I have been advised I must declare pregnancy but while I am on restricted duties I will not earn any overtime during the period that will be used to calculate my 'average wage' for part of maternity pay.

Seems unfair. Anyone have any information regarding this situation?
Thanks.

 

[westcoaster]

At the TOC I'm at female drivers work away as normal if they wish, up until a point they wish to do light duties ( no reason you should not be able to do RDW during this time).

 

[JohnFM]

If you feel you're being treated unfairly speak to your HR dept but you are being properly protected, even if you feel otherwise. You would be on the front cover of every newspaper if you lost the baby due to work forcing you to do something!

There are Government guidelines that state the employer must make adjustments in order to protect you. https://www.gov.uk/working-when-pregnant-your-rights

This protection also includes long hours (overtime).

You might not want it, you might not appreciate it but they are acting in your best long term interest.

Almost forgot; maternity pay is worked out on gross pay so does not include overtime, unless your contract states otherwise.

 

[AlterEgo]

Hi all,

Are all pregnant Train drivers immediately placed on restricted duties?

Even if they have no medical concerns and the pregnancy is progressing well.

My main concern is that I have been advised I must declare pregnancy but while I am on restricted duties I will not earn any overtime during the period that will be used to calculate my 'average wage' for part of maternity pay.

Seems unfair. Anyone have any information regarding this situation?
Thanks.

I can't help directly but I would encourage you to speak with your ASLEF rep ASAP (I assume you are a member).

 

[ComUtoR]

At My TOC you are immediately removed from driving duties. As overtime is not guaranteed then there is no unfairness and no loss of remuneration.*edit*

As it is contractual and laid out in black and white there is no issue of unfairness or unfair treatment.

Congratulations on the baby.

 

[kevconnor]

Hi, firstly if you are pregnant then congratulations.

I don't work in railway industry but do work as an Employment Law & Relations Specialist. In relation to the first point any adjustments should take account of pay. the employee shouldnt be unfairly treated due to pregnancy. It could therefore be argued that an inability to undertake overtake may be considered unfair due to the detrimental impact on pay (this would need to be evidenced based on past overtime worked). I am making the presumption that the TOC's counter argument would be that overtime is not contractual and is voluntary but if it could be demonstrated that there was regular overtime worked (even if voluntarily) then it would make a cogent argument that the employee had a reasonable expectation for those earnings to be maintained. This would need to be raised with the HR team and if a member of a union I would suggest speaking to your rep.

In relation to the affect on maternity pay, subject to what others have said and what I have noted above it may depend on how maternity pay is calculated. the statutory scheme is for 6 weeks of 90% of average earnings followed by 33 weeks of Statutory Maternity Pay £139.58

If your employer decides to pay higher than this it is allowed to as long as the criteria above are met. So where people above have said it is based on contractual pay, in the first 6 weeks, this would need to be no less than 90% of average earnings and following this would need to be no less than SMP for 33 weeks.

Hope this is clear and helps

 

[ComUtoR]

My TOC :

13 weeks at 90% Average Weekly Earnings then 26 weeks SMP

It doesn't say if the "average weekly" is calculated over the previous year or previous few months. There would be a case to say its based on a the previous year.

Without the figures in front of me its hard to say whether there is any real loss. 90% of salary is still a large chunk and you would need to have been doing some serious overtime if your considering a significant loss.

It's worth noting that you still have the opportunity to do overtime whilst on light duties. If you are following roster in terms of weekly hours and days per week etc then there will be a loss but if your moved 9-5 in an office somewhere then you should be able to claim any hours worked over booked roster.

 

[kevconnor]

It doesn't say if the "average weekly" is calculated over the previous year or previous few months. There would be a case to say its based on a the previous year.

It is calculated by reference to a statutory formula and this is pertinent to the OP's query as it runs from any pay which is earned in the 23rd week before the due date through to the 15th week before the due date. Earning is anything paid to you which is also taxed ( so doesn't generally inc expenses) so would include salary, overtime, commission and bonuses. Two key questions as I would see it are.
- Is there a reasonable ability to carryout overtime even when in restricted duties?
- do the restricted duties indirectly or inadvertently impose any significant financial detriment? If so, what can be done to mitigate for that?