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Taking a job in second trimester- can they refuse now they've offered me it?

27 replies

isthereanypoint · 10/01/2019 22:06

I had a previous thread asking if there was any point going to a job interview at 21 weeks pregnant in which I said I'd tell them at the end of the interview that I was pregnant. The interview went terribly so I didn't tell them but I was offered it over the phone today and I accepted. I was in shock but I still didn't tell them. My contract begins 1st March and I'm due in May. 6 months probation. My question is how do I tell them now that I am pregnant and can they withdraw the offer (under a different reason of course) as I've no official contract yet? I imagine they'll be annoyed as I wasn't straightforward and I have no idea how to go about it now.

OP posts:
isthereanypoint · 10/01/2019 22:45

Bump

OP posts:
RussellSprout · 10/01/2019 22:50

They'd have to have a very good reason to withdraw an offer after you've told them your pregnant as the obvious assumption would be that it was related therefore discriminatory. You'd have a good chance of a claim/ settlement in that situation. Just tell them, they won't like it but will probably be too worried of the consequences to withdraw the offer.

RussellSprout · 10/01/2019 22:52

Oh and wait til you get the contract in writing!

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Blue09 · 10/01/2019 23:02

Following as I’m also considering a job change whilst pregnant! Congratulations by the way, on both baby and the job!

Weetabixandshreddies · 10/01/2019 23:06

Will you still be eligible to receive maternity pay? It used to be that you had to be employed for a certain length of time before a set point in the pregnancy in order to receive maternity pay. Is it still the same now ie would you be better off remaining in your current job (if you are working) so that you can claim Mat pay?

isthereanypoint · 10/01/2019 23:06

Could they use the excuse that in the beginning it may require physical work ie moving stock? It's for a shop that's starting up and I think I'd have to help set it up.

OP posts:
peachypetite · 10/01/2019 23:07

What is the point of accepting? You'll barely be trained before the baby comes. Are you currently in employment?

isthereanypoint · 10/01/2019 23:07

Not currently employed and neither is DH- I'm desperate.

OP posts:
isthereanypoint · 10/01/2019 23:08

There is only a few days training

OP posts:
namechangedforanon · 10/01/2019 23:10

Well your option is tell them and be open and honest .

Or pretend you’re one of those rare people who finds out very late 🤣

Either way try and converse with them as much over email as possible so there is a paper trial

namechangedforanon · 10/01/2019 23:11

* trail not trial 😭🤯

Also I’m sorry you’re in such a desperate situation . It will get better . We are here for you

peachypetite · 10/01/2019 23:12

Would you be better temping? Then you could start now instead of in another two months? Is your partner likely to secure work soon?

waterplease · 10/01/2019 23:14

@isthereanypoint I hate to be the bad voice in this but why did you take the job? You'll barely be there before you give birth, that's if you even work right up until your due date!

Assuming you'll be out for a year too looking after the baby, what's the point?

isthereanypoint · 10/01/2019 23:14

My options of conversing are phone or text as I only have the managers phone number.

OP posts:
isthereanypoint · 10/01/2019 23:18

@waterplease no it's fine, I understand your point.
I did it because I'm desperate. Really quite desperate. I'd intend on 8 weeks off as I have childcare arranged for when I'd go back. Of course it could be longer but I had to do it with DD at four weeks- I didn't have a c section thou and I understand the recovery is longer for that. We don't live anywhere near somewhere with a temp agency. DH was working for somewhere that went bust and is currently signed off work due to trying to claim disability (he does have one) It'll be late February/beginning of March before we find out the result of this. We're living off all of our savings and UC but we're really struggling, I wouldn't do this if we weren't.

OP posts:
isthereanypoint · 10/01/2019 23:22

Oh it's part time too, not full time, so I wouldn't be working 40 hours a week.

OP posts:
RussellSprout · 10/01/2019 23:27

They couldn't withdraw an offer due to the physical demands of setting up when you're pregnant . that's related to the pregnancy therefore discriminatory. They may as well write you a blank cheque.

Levithecat · 10/01/2019 23:38

I started a new job at around 18w pregnant and went off at 35w. I’m about to return after 6 months mat leave. I told my line manager just before I started, by telephone. It all worked out ok for me, and I hope it does for you too. AFAIK they have no obligation to you until you’ve been employed for two years. Good luck.

worridmum · 10/01/2019 23:54

You are legally covered and if they remove the job offer you can easily get a settlement.

Though this law is kind of open to abuse especially if you know your pregnant the job you have taken is not suitable for pregnancy aka working with infectious diseases or high levels physical activity so the company then has to pay you full wage and give you busy work if you cannot perform the new job you accepted and then hire someone to cover the job you are meant to be doing. The only redeeming thing is that far along they wont have to pay maternity pay.

Angrybird345 · 11/01/2019 06:57

I think you’re really unfair as someone else will loose the opportunity to do that job, on a longer term basis rather than just 6 weeks. And the firm will incur a load of extra recruitment costs, costs spent on getting your role ready and so forth. You should tell them as they will dislike you probably when you start.

MissingGeorgeMichael · 11/01/2019 07:02

Does the job have a probationary period?

Topofthehills · 11/01/2019 07:06

I can't believe some of the discriminatory things people are saying on this thread. Of course the OP should take a job if she wants to, which she clearly does! Pregnant women are people, for goodness sake, they have as much right to a job as anyone else.

Tell them once you get the contract, OP. You legally have to tell your employer you're pregnant by 25 weeks, I believe. They don't have any right to know sooner than that.

Schmoobarb · 11/01/2019 07:14

Absolutely topofthehills. She’s still entitled to work and only planning to take 8 weeks off! I doubt they’ll be happy but unless they’re willing to take on a significant risk of a discrimination claim they’d be stupid to withdraw the offer.

At risk of sounding disparaging so sorry OP, it’s shop work so not something highly skilled that’s going to necessitate months of training.

And why should the OP care about “other people” who could have got the job? She isn’t a fucking charity!

Even without being pregnant people can start work and then bugger off on the sick for months on end. These things are part of the risk of employing people!

jinglewithbellson · 11/01/2019 07:19

Can I ask why your dh isn't working?

There are agencies you both could sign upto so you could do temp work until your due and he could progress that way back into work.

As a small business myself I've seen this happen before.
It must be difficult for you but you've just put them in an awkward situation.

Their view of your honesty may change op. Don't want to sound rude or negative because I know what it's like when your desperate but have you seemed advice from any agencies or cab?

confusedandemployed · 11/01/2019 07:27

I think you have to tell your manager immediately. Explain you were planning to tell them after interview and why you didn't.

They can't withdraw the offer now without an excellent reason which is totally unrelated to your pregnancy, but it sounds like you won't be entitled to mat pay.

Although you've done nothing wrong, your honesty will be judged unless you sort this out now.

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