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Help please!

7 replies

Alice1608 · 26/08/2022 14:18

Hi 👋 I'm speaking in a purely hyperthetical situation , but a friend is planning on handing notice in at their current job and starting a new one and just found out they are pregnant! Such a shock!
She has accepted the job and has a contract etc. She has to work 3 months notice so by the time she starts she would be 4 months..

Would you tell the new employer and be upfront? As she would be showing by 4 months and the new employer may feel that she has hoodwinked them? Could they then revoke the offer? She would obviously not be able to claim maternity as she won't have been there 6 months either.. which is also awful for her. No statutory or the enhanced maternity pay 😫

I wanted to ask for advice from anyone that could help?

Thank you so much! X

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NatGee · 26/08/2022 15:10

@Alice1608 they can't revoke the contract, and in fact, they can't not give her the job just because she's pregnant - that would be discriminatory and she could take them to employment tribunal
She doesn't have to tell them until she is ready to and she would be entitled to statutory mat payso long as she's been in continuous employment for 28 weeks. She may not be entitled to the company's scheme, depending on what their policy is (most say only after a year at least)
This is probably not the best forum for such advice, she's probably better off speaking to HR at her current job if she has a good relationship with them or an employment lawyer.

Alice1608 · 26/08/2022 15:15

@NatGee thank you for your reply. If she is pregnant now and starts after 3 months, that will be January ish, baby is due in May. So she would have been with them for 5 months, not the 28 weeks. So she wouldn't have statutory rights either.
She is also worried that if there is a 6 month probation and she leaves for maternity after 5 months, they could get rid if her and make up a reason.. like "the role is no longer needed or something"..
She will be going to citzens advice but I wondered if anyone on here may have advice or similar experience.. x

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NatGee · 26/08/2022 15:28

A visit to Citizens advice sounds like a good idea
She can be sacked anyway, pregnant or not, particularly during probation. So long as the official justification is sound and the due process is followed, it's very hard to take matters up.
I'm speaking as someone who has let people go in the past just because I didn't get on with them. That's the true reason. Obviously the reason they were given is totally different.

Why is she leaving where she is anyway? sounds like she's setting herself up for grief. I'd put up with it til maternity is over and then go. But that's my opinion and you didn't ask for it :)

Wishing your mate best of luck

Alice1608 · 26/08/2022 16:01

@NatGee thank you for your message, I really appreciate it!
She is leaving unbelievably because they don't have a maternity pay other than statutory, so qas making this move in advance and nature has other thoughts... xx

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Endlesslypatient82 · 26/08/2022 17:27

Alice1608 · 26/08/2022 16:01

@NatGee thank you for your message, I really appreciate it!
She is leaving unbelievably because they don't have a maternity pay other than statutory, so qas making this move in advance and nature has other thoughts... xx

You’d think that someone making the move specifically because to improve maternity pay would be hyper careful in first few months of the of new employment to ensure full maternity package!

NatGee · 26/08/2022 17:47

@Endlesslypatient82 true.
@Alice1608 I'd ask current employer to take her back. No obligation for her to fulfil her new contract, she can tell them she doesn't want to make the move anymore.
Really hope it works out for her, bless

Alice1608 · 26/08/2022 18:07

@NatGee thank you for your advice its really much appreciated and I appreciate your time in replying xx

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