Job Offer withdrawn after informing employer that I am pregnant.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 Since then I have had the job offer withdrawn as they felt that I “misled them” and wasn’t honest.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

Cross posts, I was responding to Bizzy.

I don't think not being the owner's cousin is a protected characteristic...

dreichhighlands
^One of my friends got a big enough payout from pregnancy dismissal to pay for her house deposit so definitely worth doing.
Another friend also got a pretty good payment so definitely worth trying^

I know that women can get substantial compensation for pregnancy discrimination in some circumstances but I was specifically asking about examples that are similar to the OPs. I’m not sure what compensation is based on but I’d guess it was based on any financial loss the OP has suffered and any hurt or distress. Perhaps some of the more knowledgable posters know?

I do feel for the Op, but all this ‘sue them for every penny’, ‘take them to the cleaners’ etc etc, no thought of how that may affect any totally innocent person working there who had nothing to do with the hiring (or otherwise) of the Op. Surely any ‘compensation’ needs to be equal to the Op’s possible losses (if indeed she has any?).

BizzzzyBee what they did to you was shitty behaviour. This is discrimination

It was shitty behaviour but the point is without a signed contract there was nothing that could be done. My solicitor said they can decline to employ you, or say they will but then change their minds, and it’s not illegal unless you have a signed contract.

Sue them. You're under no obligation to disclose your pregnancy to them. They are 100% in the wrong.

Surely any ‘compensation’ needs to be equal to the Op’s possible losses (if indeed she has any?).

That is exactly how compensation is calculated. Do you not think she has suffered financial loss by not being employed?

She may additionally be entitled to compensation for injury to feelings based on the Vento guidelines.

Losses to the OP off the top of my head:-

Lost opportunity to seek work due to stopping searching for a job based on the offer.

Lost time in the lead up to the time she will need to take leave in order to undertake training and gain experience in a new role as she will now need to start at the beginning.

Possible loss of income from a job she may have resigned from based on the offer.

Loss of any sort of benefit she may have stopped / become ineligible for based on job offer.

As someone married to a small business owner I think the majority here have their heads in the clouds

Legally she’s in the right but morally you’re taking the piss sorry

My solicitor said they can decline to employ you, or say they will but then change their minds, and it’s not illegal unless you have a signed contract.

A verbal offer is enough. The emails acknowledge there was an offer so the paper trail is clear. They cannot withdraw an offer to employ you solely on the basis of you having a protected characteristic. That's the illegal bit, not simply withdrawing the offer.

sunshine My husband has a small business and employed someone who was pregnant at the time she took up employment but he didn’t know that (rightly). The employee disappeared on mat leave and he never heard from her again.

I still think the op is completely in the right.

How is she morally taking the piss? She is clearly the best person for the job. Most people stay with a company for 5 years minimum. What's 6-12 months of (legally entitled) leave in that?

Should a woman never take a job just because she may choose to use her (legally entitled) mat leave at some point during her tenure?

Legally she’s in the right but morally you’re taking the piss sorry

And how “moral” is it to break the law that, let’s face it, only needed to be brought in because women were being treated unfairly?

The people who support the employer - what if the OP wasn’t pregnant but hadn’t disclosed at interview she had cancer and was going to need some time off for treatment? Would it be OK in your eyes to withdraw an offer then?

At some point yes

3 months after starting a new job with a small business is taking the piss

You have no idea the affect that has on small businesses and behaviour like this throws shade on small business people employing women of child beating age

Bearing

My solicitor said they can decline to employ you, or say they will but then change their minds, and it’s not illegal unless you have a signed contract

I suggest you find a solicitor who has a basic understanding of contract law. This is day one of law school stuff! Offer + acceptance = contract. It doesn’t need to be in writing, although evidentially it may help.

*doesn’t need to be in writing or signed

How is it any different 3m in or 4years in? You still need a mat cover. You can still claim SMP back from the government.

Some may argue that it's better to have to pay the mat pay early as at this point she would be ineligible for anything other than Maternity Allowance and not qualify for enhanced mat pay.

You have no idea the affect that has on small businesses and behaviour like this throws shade on small business people employing women of child beating age

How do you know?

I’ve been a professional adviser and partner to SMEs for 13 years. I know plenty. Not least of all the law.

You have no idea the affect that has on small businesses and behaviour like this throws shade on small business people

And how do you feel about employing disabled people who might need reasonable adjustments made at your expense? Presumably that's also too costly and stressful. What about your Health and Safety obligations? Are they not worth the hassle either?

I like the typo 'child beating age' instead of 'child bearing age' though

People can bleat about the “morals” of it all they like but it is what it is. The law of the land protects pregnant women from being unlawfully discriminated against and if employers flout that they have to take the consequences.

@BizzzzyBee in your case the solicitor was right. Even with signed contract, even if you had already started the job, a company can terminate employment from any time between when the offer is made until 2 years after the first day of work for no reason at all, or just because the boss's son wants the job. That's fine. The exception is if there is evidence that there was a reason (even if unvoiced) connected to a protected characteristic. Not applicable in your case but certainly provable in this case.

Frankly paying tax ‘cripples’ me. I’m not a high earner and it accounts for about £6k of my wage each year.
It’s ok for those who earn more or large groups but I’m Just one person with with ever increasing cost of living to cover. So I’m going to stop paying taxes because it really doesn’t seem fair- I have the moral high ground!

^ THIS is whar small businesses sound like saying they won’t employ pregnant or disabled people.

You can’t pick and choose which UK laws work for you and only follow those!