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Legal matters

Job Offer withdrawn after informing employer that I am pregnant.

999 replies

Char1997 · 30/07/2019 16:59

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 Since then I have had the job offer withdrawn as they felt that I “misled them” and wasn’t honest.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.

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maddiemookins16mum · 30/07/2019 18:59

So if they do decide to continue with the job offer, will you be accepting the role Op?

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gonewiththepotter · 30/07/2019 18:59

I would NOT hire a pregnant woman. That is insane

In the UK that is the exact same as saying you would hire a disabled/black/female! Whatever ‘justification’ you feel you have doesn’t make it better - HUGE DISCRIMINATION ISSUE

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PancakesAndMapleSyrup · 30/07/2019 18:59

I've just re read the second email she wrote to you. Do not engage any further with her and seek legal advice. Her 3rd paragraph leaves her open as she mentions reconsidering due to your subsequent info on being pregnant. I don't think it would be too difficult to argue that there was a verbal confirmation of offer of employment. Anyone with an inch of HR experience would not send out an email like that. She will hang herself in court with a barrister quite frankly.

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Bluntness100 · 30/07/2019 19:05

I think it does, otherwise she'd simply have said 'you have received no offer

Your points are valid. But they prove my point, which is based on what either party says, this is subjective. And when something is subjective and open to interpretation then it's not easy to prove. And when it's not easy to prove, then you need deep pockets and a willingness to loose.

And to what point? It will take a very long time, they aren't going to offer her thr job, she will be dealing with a new baby and a tough expensive court case that she may loose.

Yes in an ideal world she'd go after them, yes money would not be an issue go her. But back in the real world,,,,this is how companies get away with it, they make it subjective and rely on the person now having thousands and thousands of pounds they are willing to loose,

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TheWaiting · 30/07/2019 19:06

@converseandjeans, so what about the man whose wife takes statutory leave then he takes the rest of the year? Companies who avoid employing women of child bearing age are, these days, no more protected from losing a man for the best part of a year than they are a woman. This is why so many companies fought against the shared maternity/paternity leave legislation.

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Wellandtrulyoutnumbered · 30/07/2019 19:06

What would the likely settlement be in the event of a favourable decision?

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Skittlenommer · 30/07/2019 19:07

Your e-mail response was fantastic! Grin

The response she gave shows panic and backtracking. Don’t get drawn into a back and forth with her now you’ve outlined your intentions. Go straight for legal advice and let them take it on.

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MummytoCSJH · 30/07/2019 19:09

I can't believe the amount of people on this thread saying they wouldn't hire a pregnant woman. That's illegal and you better hope you never get outed...

They're on shaky ground, definitely take it further. Her wording in these emails definitely shows that you had an offer and that the reason for withdrawal of that offer was due to pregnancy, given that you weren't obliged to inform them of it, it's irrelevant whether they think you were dishonest.

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VenusTiger · 30/07/2019 19:11

I think if you’d have been upfront in the interview, they wouldn’t have offered you the job. Sad as that is, it’s true. And that’s probably why you didn’t tell them. Their thinking will be, why train someone up for a role and then have to go through interviews again for maternity cover.
Unfortunate but that’s what I reckon.

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TeachesOfPeaches · 30/07/2019 19:11

Is this a very small company OP?

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MinnieMouseMaze · 30/07/2019 19:12

Please fight this. Horrendous

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Bluntness100 · 30/07/2019 19:13

What would the likely settlement be in the event of a favourable decision

Don't you need both sides of that? What is the likely costs in the event of an unfavourable one? And not just her costs, but if thr court says she's liable for the other sides costs? And how long will it take?

Don't you need both to make a balanced decision, as well as the risk factor? Because this is not a slam dunk. There is risk here.

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Char1997 · 30/07/2019 19:14

I understand now that she is trying to cover her tracks and word the emails properly. I was offered the job verbally, told what my salary would be upon starting, met the team and given a start date. I was going to be given a formal written offer today but I couldn’t wait that long to tell them and felt guilty about not telling them. I was under absolutely no legal obligation to tell them for at least another 6 weeks. I could have quite easily taken the job, allowed them to train me and then told them when I was legally obliged to in 6 weeks time. I didn’t reply to her last email but was just sent this email from her. To answer the question about would I take the job now the answer is no. I most definitely do not want to work for a company that possesses those values and has upset me so greatly all day. I think now they are worried about the outcomes and are now trying to scramble. I 100% understand for a business side of things hiring someone who won’t be working for long can be seen as an inconvenience but I would have been going back after, I would more than likely not taken the 52 weeks maternity leave but whose to say I can’t? Pregnancy is definitely a protected characteristic for exactly this reason. Some people have there preferences clearly as to whether they would hire someone who’s pregnant but I have just finished Uni and am desperately trying to find a job to help me put some money away for my child. I think how I have been treated is unfair. Thank you so much everyone for the lovely messages I have definitely taken away so much knowledge from this and have contacted ACAS and Pregnant then Screwed!

Job Offer withdrawn after informing employer that I am pregnant.
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Aquamarine1029 · 30/07/2019 19:16

Do NOT respond to that email. Let a solicitor handle it from here.

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isitwinetimeyet16 · 30/07/2019 19:16

Wow screechy backtrack there!!

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ysmaem · 30/07/2019 19:17

Good on you for reaching out to ACAS, they obviously need to be heavily reminded of law and they were bang out of order!

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Char1997 · 30/07/2019 19:17

I didn’t respond to her second email and I don’t plan to with his one either!

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PanamaPattie · 30/07/2019 19:17

It looks like a small company without HR. I suspect that the OP will get another email from the “brother” tomorrow stating the “sister” had no authority to hire and fire.

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avalanching · 30/07/2019 19:18

Absolutely speechless. What. The. Fuck. Good luck!!

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GiveMeSleepAndEvenMoreWine · 30/07/2019 19:21

Well done on contacting ACAS, fingers crossed they can help you sort this mess out

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Sunshinegirl82 · 30/07/2019 19:24

I wouldn't be overly concerned about the attempt to suggest there was no formal offer with respect to pursuing a claim. I also wouldn't be concerned about the other side's costs in a case like this. Employment Tribunals don't generally award costs (except in very limited circumstances) it's different from the civil courts in that way.

Your insurer should be your first port of call if you have legal expenses cover. If not, whether it's worth instructing a solicitor will depend on the value of your claim. I will generally give people 10 minutes on the phone to give some initial steer so you might want to try calling round a few firms tomo (if insurer is a no go).

You can also bring a claim yourself if necessary.

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ScreamingValenta · 30/07/2019 19:25

Bluntness100 - Yes, that's a fair point, I agree it's subjective and open to different interpretations - as you say, we are proving that!

Hopefully, the OP will take further advice before initiating any legal action - I imagine the helplines pps have mentioned will have seen similar cases and ways of wording this sort of thing, so will be able to assess the risk/reward potential for the OP.

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NuttyOrNice · 30/07/2019 19:28

Wow, that's was really dumb of the company.
Lol at her calling you a 'lovely lady' 🤦🏻‍♀️

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alldressedupinblue · 30/07/2019 19:30

Apologies, haven't read the whole thread, but wanted to point you to a twitter account called "pregnantthenscrewed"

I have a vague idea of hearing the founder interviewed on Radio 2.

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Char1997 · 30/07/2019 19:30

@gonewiththepotter thank you so
much for all the helpful advice
you’ve given! had to use your email template!

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