Job Offer withdrawn after informing employer that I am pregnant.

[Char1997]

Hi all,

I originally posted this on as a pregnancy thread. As the situation has evolved I have been advised to post on here. I was offered a job yesterday afternoon and although I know I was under no obligation to inform them, I told the employer that I was expecting in December. Since then I have had the job offer withdrawn as they felt that I “misled them” and wasn’t honest. Is anyone able to give me some advice if I were to take this further.

10000% try and claim over this. I’ve been in several situations where I could have made a claim but haven’t because I’m lazy basically and really really regret it now.

@Jenu294 to do that is to perform an act of discrimination against yourself

The whole point of the law as it is, is for the person and their abilities to be judged at interview, and nothing else.

Jenu are you for real??!

I take it Jenu is not up on current legislation!! 🙄

A friend's daughter was born at 24+1, she was planning on telling her employer the next day! Obviously there's exceptions but to plan it so that your employer only has 4 weeks notice I would think was odd.

I was still in the process of agreeing my ML start date. It changed 3 times from early July to things not great, might end early June to sorry boss, baby was born yesterday.

Nobody plans it that way I’m sure but life happens. With 1 in every 13 births being premature, it might not be as rare as is being made out.

But even giving 8 weeks notice in my scenario would be an issue too.

I do wonder, given the professional situation you outline, the work background a candidate would be likely to have and the conversations that would be likely to be had, how many pregnant women would put themselves forward for a role in those circumstances? Can’t we trust women themselves to make decisions that are in everyone’s best interests much of the time?

Although it might be that the employer’s situation isn’t always clear to an interviewee, I tend to agree and would hope the same, but it seems many take the “law is the law” view, which doesn’t actually help women at all.

@Yabbers I completely agree. Yes it's discrimination but particularly if it's a small business, the financial and time impact of having to train up another person can be huge and very costly.

Sorry, Yabbers, I do also believe the law is the law. But I question picking at the law with scenarios which are unlikely. We all have choices about which jobs we apply for, and will include common sense in those considerations.

I'm highly aware of discriminatory issues within the workplace having fallen victim myself. I am not saying their response is right and she rightly so didn't have to inform them.

I'm merely saying that personally I would have informed them - if anything to see if my potential employers were fair? I wouldn't have felt comfortable not telling them I suppose? And I would rather have all my cards out on the table to avoid future discriminatory issues. But that's just me. As quoted;

"If you are obviously pregnant, failing to bring it up in an interview could work against you. The potential employer might be quite open to hiring you, based on your skills and experience, but he or she may be less than impressed with your lack of candor...."

It's not right but it happens.

This is not illegal! They have withdrawn a job offer, presumably the job had a probation period and if so they should pay you in lieu of notice of whatever is stated in the contract. No contract, no case.

I employed a lady who was pregnant, she didn’t tell us until she was 13 weeks, took 52 weeks maternity and didn’t come in for any KIT days. We’re a small company, it caused hell.

@Frugalfox so she told you way before she was obligated and took the mat leave she was legally entitled to. How exactly did it cause hell?

This is not illegal! They have withdrawn a job offer, presumably the job had a probation period and if so they should pay you in lieu of notice of whatever is stated in the contract. No contract, no case.

How long have you been in employment law?

@Frugalfox they withdrew a job offer as she was pregnant. That's discrimination and illegal. The email chain proves there was a job offer and the offer was withdrawn for this reason. She doesn't need a contract as there was a verbal offer - again, this is proven by the emails.

@Jenu294 as quoted from where? On what authority? The spelling of 'candor' suggests an American site, where maternity rights (and lack thereof) are very different to the UK.

The other option is to allow her to start and then terminate her probation? Which is fairer?

It caused hell because we’d have never employed her if she’d been honest, much like OP. She knew we’d been trying to fill the role for several months and she just made it all more complicated.

The employer is a fool though for putting into writing that it’s because she’s pregnant.

Fucking hell Frugal! the "other option" is to keep her in employment!

Why would you want her in employment? She’s dishonest for starters.

You have a claim for pregnancy discrimination op. Register for early conciliation with Acas (search online) and someone will ring you back & tell them you are considering making a pregnancy discrimination claim. They will try to get a financial settlement for you. If that doesn't work you can issue an employment tribunal claim. There is a time limit and that time limit is 3 months less one day from today. I would do it today tbh.

This happens a lot op (Employment lawyer here). This is exactly why pregnancy discrimination protection exists. Silly employer. No way you could work for them now if they changed their mind & offered you a job as you'd never trust them & they'd be on a mission from day#1 to get you out. Good luck op

Why is is dishonest not to disclose a pregnancy before 25 weeks? It's not anyone's business.

It caused hell because we’d have never employed her if she’d been honest, much like OP. She knew we’d been trying to fill the role for several months and she just made it all more complicated

Aghast.

Frugalfox, I can guarantee I'd rather have the OP as an employee than you as an employer.

"we’d have never employed her if she’d been honest" discrimination in action, right there. Damned if she did, damned if she didn't.

But I question picking at the law with scenarios which are unlikely

It’s not an unlikely scenario. All sorts of small businesses have reasons a new start going off almost immediately on ML can impact on them in a non financial way. As I said, I don’t know what the answer is but if it isn’t addressed cases like the OPs will continue as people discriminate to protect their business.

Has it not crossed any of the minds of these discriminatory pps, that a 3rd of pregnancies end in miscarriage? This is another reason pregnant women do not have to disclose early.

I'd love if frugalfox employee was on here. They could play holy hell.