Employer announced pregnancy

[Maternitywoes]

Buckle up!

(also name change just in case) I may be a bit vague in case this is too specific but I’ll try and give as much detail if I can.

I have worked for a small family company for around 5 years. After much heartache we were delighted to find out we were expecting. Once we felt comfortable to I took the opportunity to tell
my employers as I’m the only one who does my job and I wanted to help them prepare. I was incredibly nervous as every situation is always about them and their finances. I truly expected an angry response.

After an initial happy response it has since gone downhill. They have no idea of their responsibilities as employers and the more they learn the worse it gets.

I learned by accident that they had effectively outsourced my job and inferred to not expect it to be available on my return.

It resulted in me consulting my husbands in house legal council who specialises in employment law. They gave great advice which I have already put in to practice and will hopefully protect me to an extent.

However, I woke up this morning to an inbox of congratulations. they have emailed every single one of my clients to inform them of my pregnancy. I don’t want to reveal my role but it’s a concierge type role for large events.

Are they allowed to do this? I don’t have to meet with clients until just before their events and will be able to fulfil my role without issue. It has caused unnecessary panic with my clients as I’ve received happy but concerned emails.

No, they can't do that. It is a clear breach of GDPR. Indeed. as it concerns pregnancy, this is special category data, so this is a serious breach.

Thanks for your response, I wasn’t sure the extent to which they had the right to disclose it

@Maternitywoes It’s a breach of GDPR.https://ico.org.uk/for-the-public/

I would consider if this was a deliberate act to harass you out of your job.

Bloody hell

Fingers crossed for your tidy payout, op

Maternity advice line and also ring pregnant then screwed

I'm sure you are aware that they must allow you to return to your original job if you return after 26 weeks maternity leave or less. If you take more than 26 weeks, they must still give you your original job back if it still exists, even if someone else has been given the job.

If they have outsourced your job, whoever they have outsourced it to may have been obliged to employ you under TUPE. If they try to argue that your job no longer exists, you may have claims for unfair dismissal and discrimination against both your current employer and whoever the work has been outsourced to.

If the decision to outsource was triggered by your pregnancy and, but for that, the job would not have been outsourced, that also gives you a claim for discrimination.

Coupled with the GDPR breach, this could be very costly for them.

Thanks everyone, yes the outsourcing was triggered by my pregnancy. In their mind it was an easy cheap way to replace me during my leave as they said they couldn’t afford to cover my maternity Which is strange as they charge for 2 people to be present at the event but are only paying one (me).

I had spoken to a friend who is a highly respected employment lawyer but I didn’t want to keep bothering her so contacted pregnant then screwed but they haven’t got back in touch yet.

my pregnancy is known internally so I wasn’t sure if they were within their rights to contact my clients in this way.

It doesn't matter who knows it internally. Sharing it with clients is a clear breach of GDPR.

Outsourcing the work temporarily while you are on maternity leave is fine. They can cover your maternity leave any way they want. However, outsourcing it permanently is another matter as per my last post.

Sorry OP, I've had a similar but not identical issue. Applied for a job before finding out I was pregnant, offered job and found out during negotiations. I told the person who would have been my line manager to check what would happen regarding maternity, they said they would check with HR. A few days later I got messages from people I know who work for new job congratulating me on my pregnancy. Hadn't even told family yet, but looks like basically everyone in the department had been told by the hiring line manager. I was thankful those I knew had the sense to contact me privately about rather than a bloody facebook post all 'eeer didn't realise you were preggers, congrats!'.

Push for that payout, OP. You can absolutely ruin them for this.

But also, congratulations 🎉

Thanks for this. I’ve contacted ACAS who have advised me to sit tight for the moment on the other stuff but advised me to seek advice from the ICO.

Just to add if you take more than 6 months they must give you your exact job back but after 9 months it’s an ‘equivalent’ job with same title. I should know, I didn’t get
my exact job back after 12 months

Yep, definitely contact the ICO. It’s a GDPR breach, and a serious one. I wonder if your employer is aware of the penalties for a breach?!
You can even claim compensation for a breach of your personal data.

Has anything happened OP? Do your employers realise what idiots they are yet?

I have now had a callback from pregnant then screwed who didn’t seem to have any comment of that part of my notes. I spoke to Acas yesterday morning who didn’t seem to think it was best to speak to the ICO directly so I will call them first thing tomorrow morning.

Absolutely dumbstruck by this OP, hope you're able to get some quality & comprehensive help.

Congratulations also!

Gosh how awful. They have no idea do they?

@Maternitywoes how did this pan out?

Hi there
the Initial letter was sent in line with the advice. They completely ignored the letter and we are taking it to the next stage.

Good luck