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Job Offer withdrawn after informing employer that I am pregnant.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 Since then I have had the job offer withdrawn as they felt that I “misled them” and wasn’t honest.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.

OP posts:
SaxxedtotheMax · 30/07/2019 20:15

Ooh, wonder if she had permission to disclose the addiction issues of the recent recruit, or the illness of her colleague's brother!

Quite.

KronksSpinachPuffs · 30/07/2019 20:21

I am gobsmacked at this!

Take this as far as you can OP!

PleaseGoogleIt · 30/07/2019 20:22

Those are some of the most unprofessional emails I've ever seen, regardless of the open discrimination, they seem pretty useless.

Definitely send on to pregnant then screwed - they'll tell you exactly what to do.

TalentedMsRipley · 30/07/2019 20:24

I'm with Cathf and I'm a massive feminist. But can't you see why an employer wouldn't want to train someone new up, do all the paperwork etc, just for them to maybe work for a couple of months then take a year off?

I'm on maternity leave now and I feel like I'm taking the piss! But I've been with my company 18 years, not a few months.

Bluntness100 · 30/07/2019 20:26

is actually very low risk and the risk of costs being awarded against you at an ET are also low

Low risk is not no risk. And I'm shocked any solicitor would not point that out,,,so either you're a poor employment solicitor, who doesn't actually know your own job title, or your bullshitting.

Singlewhiteguineapig · 30/07/2019 20:27

TalentedMsRipley
So pregnant women should never apply for a job whatever their circumstances?

TalentedMsRipley · 30/07/2019 20:28

Although it looks like you have a very good case due to the VERY unprofessional emails revealing personal details about other people!!

TheVeryHungryTortoise · 30/07/2019 20:32

This is awful OP. Following.

Ryslady · 30/07/2019 20:34

Gosh this is awful. Following

ScreamingValenta · 30/07/2019 20:35

But can't you see why an employer wouldn't want to train someone new up, do all the paperwork etc

That isn't the point, though. Whether a new or longstanding employee, no employer is ever pleased to lose a someone from their business for 9 months of mat leave (or if they are, there's something very wrong in their working relationship) - but it's a necessary entitlement, it's legally enshrined and any decent employer will recognise the wider value these laws bring to equality in the workplace and elsewhere. I say this as someone who's never been pregnant and never will be, so I have no self-interest here!

Mummytoonlychild · 30/07/2019 20:39

I am absolutely disgusting for you. I hope you go to citizens advice and sort this mess out

Bluntness100 · 30/07/2019 20:43

Irrelevant of the law, this is clearly a very small company, who can't afford to take someone on to have to have them leave a few weeks later, and if they took the op on would need to start an immediate recruitment process to replace her,

As much as folks can get all excited and yes it's against the law to discriminate, but youd have to be a total arsehole to not understand the impacts on a tiny little company of this scenario, thr op hasn't applied to some medium to large company, this is some brother and sister two bit operation who are faced with employing someone they pretty much have to recruit to replace immediately,

saywhatwhatnow · 30/07/2019 20:46

@converseandjeans it look us 6 years to conceive so that isn't really an option for everyone.

Sunshinegirl82 · 30/07/2019 20:47

@Bluntness100 I'm not sure what your agenda is here.

I maintain that the OP should refer to her insurer in the first instance. If not covered she should ring round some firms for some steer, most will spend 10 minutes on the phone and give you an idea of where you stand.

The risk of any award for costs being made against a claimant in the ET is low. There is no mechanism for costs to be awarded against either party during the ACAS early conciliation process which is mandatory prior to issuing a claim.

BFPhopeful2019 · 30/07/2019 20:48

@Bluntness100 I think your comment regarding @Sunshinegirl82 comments regarding the risks involved is quite harsh. She clearly advises that there are no clear cut cases but that the risks are relatively low. As a fellow member of her profession, I think her comment is useful and well worded.

Carpetburns · 30/07/2019 20:49

Following. Sorry this has happened to you, OP. Look forward to hearing the outcome. I think the employers might be in deep water.

howdyalikemenow · 30/07/2019 20:51

I imagine they'd settle out of court at the first sniff of a tribunal op. I went through a tribunal a few years back for constructive dismissal that was a lot harder to prove than this and I received an out of court settlement of £4000.

Acas were brilliant! I hope they see sense and review their unprofessional attitudes

Zapata29 · 30/07/2019 20:56

OP, imo the first email makes it perfectly clear that you are no longer being considered for the position on account of your "lack of honesty" about your pregnancy, so when she mentions you didn't have a formal offer yet I don't think that works against you - from the context of the email(s) it's clear why they changed their mind about employing you and whether or not you received formal offer the discrimination still happened. To be honest I can't believe they were stupid enough to put that in writing, they've well and truly shot themselves in the foot there.

Appalled at some posters insinuating that the "morally" right thing to do would have been to tell them about your pregnancy beforehand, this is a perfect example of why women hesitate to inform employers/potential employers of pregnancies. In the grand scheme of things a year's maternity leave shouldn't deter them from hiring someone who could go on to have a long and successful career with their company and in any case the fact is they broke the law and discriminated against you for being pregnant - the only questionable morals here are theirs.

Only echoing what everyone else has said but you have all the evidence you need in the emails, don't let them make you doubt yourself - take them to the f*cking cleaners, find a better job with an employer that values your skills and you as a person, and I hope you get a massive payout. Congratulations on the pregnancy and wishing you all the best Thanks

P.s. I applied for a job while I was 9 months pregnant (civil service) and got it, nobody batted an eyelid. So don't let this put you off applying for whatever you want to apply for - not all employers are stuck in the Stone Age Wink

CmdrCressidaDuck · 30/07/2019 20:57

thr op hasn't applied to some medium to large company, this is some brother and sister two bit operation who are faced with employing someone they pretty much have to recruit to replace immediately

Projecting much? Literally all we know about this company is that they're dangerously stupid when it comes to directly admitting that they're illegally discriminating. The brother is of another employee, not the emailer.

OP would not have been eligible for maternity pay - she would have claimed maternity allowance directly from the government. The company will cope with hiring maternity cover. It's part of doing business.

Bluntness100 · 30/07/2019 20:58

My agenda is this is a very young woman , straight out of uni, without a clear cut case. There is no slam dunk here. So before people get all excited urging her to risk it all going after them, she needs to contextualise this risk and speak to an employment solicitor and understand the potential gains versus losses and the risk to her.

This is a real person. Someone without deep pockets. A young vulnerable pregnant woman. People should remember that.

Taswama · 30/07/2019 21:02

Sorry to hear about this OP. Unfortunately discrimination is alive and well. Hope ACAS were helpful.

soloula · 30/07/2019 21:04

Disgraceful that stuff like this still goes on. Hope you get more joy with the job hunting elsewhere OP.

leghairdontcare · 30/07/2019 21:04

A young vulnerable pregnant woman. People should remember that

There is nothing whatsoever to suggest the OP is vulnerable. She's a well educated woman who is being advised to seek real life advice about how to pursue a discrimination case against a company who has, quite obviously, broken the law. On receipt of that of advice - from a lawyer, ACAS, pregnantthenscrewed, or another organisation mentioned - she can make her own judgement about whether to pursue the case.

CmdrCressidaDuck · 30/07/2019 21:06

But nobody's telling her "sue them tomorrow without talking to a lawyer", Bluntness?! People are giving her perfectly sensible advice about seeking expert help and being courageous about not letting the company get away with this if possible. And whether there was a formal offer is not actually a critical point. They cannot consider the pregnancy as a factor in the employment process, period, without breaking the law.

Cohle · 30/07/2019 21:07

The number of posters who seem to think that pregnancy discrimination is fine or that the OP should be deterred from pursuing this is totally depressing.

Yes of course OP should seek proper legal advice, but she has what appears to be a good case and the risks to her are reasonably low. Only by pursing this can she gather the necessary information to decide whether legal action is the best choice for her.