New recruit pregnant before job starting

[FlimFlamJimJams]

I've started a new business, it'll open to the public around April time.
It's a very small, community focused business with only 4 staff members initially.
I recruited all the staff within the last few weeks and are finalising contracts. Everyone has formal job offers, no one yet has a job contract.

The roles require training on the job resulting in a nationally recognised qualification, probably achieved within 12 months or so. The business is paying for this.

I have had meetings with everyone individually this week to go through bits and bobs, start dates etc - and at the end of a meeting with one lady yesterday, she tells me that she's 12 weeks pregnant and anticipates starting her Maternity leave around mid-July. She said she found out at 5 weeks - so she'd have known she was pregnant at interview.

I'm now stuck in a difficult position - the business is already going to struggle financially for the first few years (it's not quite a non-profit, but it's close) and I'm now facing having to extend someone's training at least 6 months past everyone else's as well as find temporary cover, which is expensive. She may well choose not to return after her maternity. I turned down other applicants who applied after her job offer was made.

I guess there isn't a AIBU, because I'm not going to do anything, but I feel really deceived and a bit stressed about the whole thing.
I know everyone is entitled to get pregnant etc. But I wasn't anticipating someone going on ML before they'd even qualified, or finished their probation.

What's the implications of retracting the offer?

You might one to read the other very similar thread that was making the rounds a few weeks ago

It's hard but just one of those things.

I would suggest adding into the contract that all staff will be enrolled onto their qualification after successfully completing their probationary period. She will likely want to work hard to meet all probationary milestones before she starts her leave so theb may also be happy to hold off on the qualification until she returns to work after mat leave.

Once she puts in her MATB1 form and notifies you of a mat leave start date you could reach out to one of the other unsuccessful candidates and offer them a temp contract?

@NewPositiveYear

What's the implications of retracting the offer?

Given that the offer would be being retracted due to a pregnancy disclosure, the OP could leave herself wide open to a discrimination case.

It’s hard but many women suffer multiple pregnancy losses before 12 weeks and we cannot put our lives on hold. If she was the best candidate then she’ll still be when she comes back, and one or more of your initial intake might be moving on by then anyway. As a pp said, go back to your second choice candidates and explore offering them a cover position.

YANBU to feel stressed but people are allowed to apply for new jobs when pregnant, and dont need to disclose that to their prospective employers.

You wont need to pay this woman maternity pay (unless her t&c say otherwise) and so you can use the salary you save to pay her maternity cover. So a little more hassle but not necessarily any more expensive.

And I dont think you can necessarily say that she wont come back. We had a similar situation with a member of staff I was managing last year and she's coming back full time in a couple of months.

Joy. Another of these disgusting threads for people to come and spew their misogyny in.

She's 12 weeks. Your business is not ready if it cannot support this. What if she were only 8 now? Or got pregnant next week? Were you going to have a ban on women having lives outside of your company for the first year?

No one is spewing misogyny @RoomOfRequirement, maybe you should have a bit more faith in your fellow women.

The implications of retracting the offer @NewPositiveYear are the OP would be breaching the Equality Act due to pregnancy being a protected characteristic.

Unless you wish to break the law then your being unreasonable!
Would you prefer she didn't tell you til 24 weeks and leave you unable to plan which she could have done quite easily?

She doesn't qualify for mat pay with you and if she is right for the job before knowing she's pregnant then she's also right for the job after!

@Porcupineintherough

No one is spewing misogyny *@RoomOfRequirement*, maybe you should have a bit more faith in your fellow women.

You apparently did not read the previous thread on this topic. Multiple people suggesting the OP fired them and women are awful people for getting pregnant.

Don’t put her on the training course - ask her to move to an administrative role. You’d be within your rights to say you’d like training to be completed in a oner not interrupted by mat leave.

That way if she doesn’t come back you haven’t paid for training.

YANBU to be irked by it but YABU to not expect women not to want to further their career or get a job just because they are pregnant.

You can be annoyed that she knew she was pregnant (5 weeks is very early) at her interview but was she not supposed to proceed with an interview? We all know that things can go wrong early on. I don't think she's unreasonable for not saying anything sooner or wanting to carry on with life.

Am assuming you hired her for a reason - ie she's good at what she does - and therefore whilst it will be an inconvenience hopefully she's worth it.

@PersonaNonGarter

Don’t put her on the training course - ask her to move to an administrative role. You’d be within your rights to say you’d like training to be completed in a oner not interrupted by mat leave.

That way if she doesn’t come back you haven’t paid for training.

Actually, even though I've posted above I agree with this. Discuss the training and suggest that it is completed on her return to work, it doesn't sound like she'd be able to complete it anyhow.

It’s shitty when people do this, especially when they knowingly do it to small businesses. You have my sympathy OP. Is there any chance you could find another job for her and give someone else the job that comes with the training and qualification?

Can you delay the training until she returns from ML? I can't see how she can do half a 12 month course, go on ML for up to a year and then complete the remaining 6 months to a good enough standard.

Does the contract (which I know you haven't given yet) say anything about how soon the qualification needs to be completed?

And put a clause in future contracts that if anyone leaves before the training has been completed (or within 6 months of completing it) they have to cover the costs, this is what my employer does. Obviously it won't cover maternity leave but it would mean they would come back after ML unless they wanted to cover the costs.

Tell her the offer is now withdrawn. And deal with the Consequences if any. That is what I would do.

@Viviennemary

Tell her the offer is now withdrawn. And deal with the Consequences if any. That is what I would do.

Do not do this, if she takes you to a tribunal you will lose and it will cost you £££.

There are no administrative roles to put her on.
It's the qualified role or nothing.
She simply won't complete her training as it takes a minimum of 10 months and she'll be on Mat Leave for half of that. It'll mean extending the training contract to accommodate her which will set the business back thousands.

I had a feeling that I was going to get some nasty comments - I'm not expecting anyone to put their lives on hold etc etc, simply processing what is, indisputably, really quite bad news for the business. I'm not going to retract her offer (though we're not in the UK, and legally I'm allowed to) nor treat her any differently.

@Viviennemary

Tell her the offer is now withdrawn. And deal with the Consequences if any. That is what I would do.

@Porcupineintherough - I told you. This happens, every single time.

@mummyh2016

And put a clause in future contracts that if anyone leaves before the training has been completed (or within 6 months of completing it) they have to cover the costs, this is what my employer does. Obviously it won't cover maternity leave but it would mean they would come back after ML unless they wanted to cover the costs.

Fortunately we do already have this - there's a set amount of time the Employee needs to work for the business, if they leave before that then they need to reimburse the training costs (on a sliding scale)

I don't have much to add. But if i was one of the unsuccessful candidates I wouldn't be very impressed with being offered the role as maternity cover only. I guess may be they could hope it would lead to something permanent but it's a gamble.

@FlimFlamJimJams

There are no administrative roles to put her on. It's the qualified role or nothing. She simply won't complete her training as it takes a minimum of 10 months and she'll be on Mat Leave for half of that. It'll mean extending the training contract to accommodate her which will set the business back thousands.

I had a feeling that I was going to get some nasty comments - I'm not expecting anyone to put their lives on hold etc etc, simply processing what is, indisputably, really quite bad news for the business. I'm not going to retract her offer (though we're not in the UK, and legally I'm allowed to) nor treat her any differently.

You need to get professional advice. I don't know if it's legal to ask her to delay her start date due to the training. It seems wrong that you are going to be thousands of pounds out of pocket.