Maternity discrimination ?

[sunflower1230]

Hi All, I was offered a job last week and was over the moon. The employer who called me text me the next day asking what my notice period was. I replied explaining i thought it was 6m but I am on maternity until January 2026. She didn’t reply for two days and sent an email saying she was disappointed I didn’t mention it and they can not wait until January due to my maternity and therefor withdrawing the job offer. The email was a little snotty tbh. However I’ve been discriminated against before for maternity and to me this is discrimination. Should I not of been on maternity she wouldn’t of revoked the offer..

I have since replied stating they have discriminated against me and to rectify urgently and how upset and disappointed I was about the situation. I now know I do not want to work for them and they haven’t replied to this email. I have informed Acas.

but is this discrimination to anyone else plz?

well silly them.....in their shoes I'd have said "oh sorry we need someone sooner but I would have asked the "when could you start" question before I made the job offer. however.....and this won't help you either, its now June and six months would take you nearly to January anyway, so I suspect thet they would have been unable to wait that long anyway..... I suspect that you will struggle to make a discrimination case because they could argue that they wouldn't take anyone on who couldn't start till January next year for whatever reason.

I stated I thought it was 6m but after checking my contract it’s only 2.. however still can’t take the job offer away once I had accepted the job offer because I can’t start till Jan, and I can’t start because of my maternity it circles back to the same thing every time so I think it’s discrimination. If they had called me then we could have come to an agreement but they just didn’t bother! It’s also nhs

I imagine if it came to it, the employer would argue that they would have withdrawn the offer from anyone who had a 6 month notice period because they needed someone to start earlier.

6 months’ notice would take you through the middle of December, so a January start isn’t much later.

Whether they would win a case at a tribunal I have no idea. It might depend on whether it is reasonable for them to wait for 6 months, and I imagine that that would depend partly on the nature of the job and on what notice periods are normal in that industry. 6 months’ notice sounds like quite a lot to me.

If you don’t go back to your current job will you need to repay any enhanced maternity pay? If so, it might be worth going back there for however long is necessary, before applying for any new job.

She asked my notice and I said I think it might be 6m and I’m on maternity I never actually stated it was 6 months and she didn’t come back to clarify either. I did however check and was 2m so had she come back to me I would of explained it’s 2 months, however I am on maternity and she has stated the reason of withdrawal is due to not able to wait until January 2026 when my maternity ends.

I beleive that’s maternity discrimination without a doubt.. they withdrew the offer because I cannot start because I am on maternity. I spoke to a solicitor who said it’s a pretty evident solid case as it’s in black and white in an email that they withdrew under Maternity grounds.

I will return to my current job if I don’t get a new job before hand so repaying any maternity is no issue. Withdrawing my offer is an issue though

happens all too often and happened to me before too! So frustrating

It’s unreasonable for you to think they can wait for you for 6months. Perhaps they didn’t handle it right but still.

OP, I imagine they are recruiting now because they need someone now. The fact that you can't start for 6 or 7 months (for any reason) would be enough to put most employers off.

It would certainly put me off.

Quite a lot of jobs at this level would be 6 months notice for the NHS. But that is besides the point, women get employed on maternity all the time, we shouldn’t be treat any different to anyone else. The right job came up, by the time nhs sort their proceeds of recruitment out we would probably hit 6 months anyway! The point is they removed the offer due to me being on maternity.. whilst I completely get it’s a little inconvenient for an employer. The law is the law

While I don't blame the employer for wanting someone to start before 6 months they have been silly to not cover themselves a bit better legally.
They should have just said they need someone to start earlier
Anyway, sounds like you may have a case OP

@sunflower1230 are you in a Union?

If so they should be able to help. Otherwise have you spoken to ACAS?

I think you will struggle to make a discrimination case. I'm male so maternity not in play. If a new employer needs somebody long before Jan 2026 and I cannot start until then due to notice periods I'd expect them to offer the job to somebody else.

They may have screwed up by not asking either on the application or at interview about notice/start dates but I don't think that affects whether you're discriminated against.

They never stated when they needed someone by, given nhs recruitment takes forever anyhow. Regardless they never asked me during interview and by law I don’t actually have to disclose I’m on maternity or they wouldn’t even consider me. Now they stated I was the best for the role out of everyone and whilst I appreciate January isn’t the best wait, some people’s notice is actually 6 months. If she spoke to me I could have confirmed it was 2 and come to a compromise regarding me maternity end date. Instead she wrote it in black and white ‘we are withdrawing your job offer due to maternity leave ending in January 2026’ it’s clear as day discrimination without a doubt

Have spoken to Acas and put in an early conciliation before taking to tribunal and waiting to hear back, spoke to pregnant and screwed HR who stated it’s discrimination and also legal advice

they withdrew the offer because I cannot start because I am on maternity
They withdrew the offer because you couldn’t start for six months.
The reason you can’t makes no difference.

And I cannot start for 6 months because I am on maternity… discrimination 🤣

What?

As someone currently on mat leave it seems mad to me that you applied for a new job that you can’t start. It screams ‘I know my rights…!!!!’ Which apparently you think you do, so I’m not sure why you started the thread. Other than to prove people wrong who aren’t sure about the process.

And people wonder why companies are reluctant to hire women with this sort of shenanigans.

I find it wild that you applied for a job not knowing your notice period.

I was loooking for support, would appear the world is full of discriminating people

why should me been on maternity affect me going for a role ? It shouldn’t that’s the whole point I should be just an entitled as anyone else!

I bet your Devine to work for

i have a substantive role and also a higher grade fixed term, both with different notice periods.. so yeah hard to understand what is would be.. however after she asked I looked and checked what it was

You’ll struggle with this case.

Seriously.

You’ll need to provide a comparator, even hypothetically. They’ll argue that a different hypothetical woman on maternity leave who is available in a month is a fair comparator and this doesn’t amount to discrimination.
Or that a man who couldn’t start for six months due to statutory or non-statutory leave would have also had an offer rescinded.
On the most basic of facts, they didn’t withdraw the job because you were on mat leave, they withdrew it because you can’t start until next year.

Don’t get your hopes up of a big payout, and don’t spend any of your money on solicitors for this one.

Ask yourself “if I told them I’m on mat leave now and couldn’t start for a month, would I still have the job?”
Chances are, the answer is “yes”.

Many jobs have a 6 month notice period. If they weren't willing to wait 6 months they should have advertised it as such. Was it in the job ad?

It said nothing in the job ad, many people’s notice is 6m and by the time recruitment do their thing in the nhs it takes AGES. So let’s say it took 3 months to do the checks, I then hand my notice in that’s 2 months.. that’s still 5 months so what different would 6 months make ?

it wouldn’t hence why I started looking for roles as the nhs is making huge job cuts.. I wanted a safer role. They removed the offer under the grounds of me being on maternity. They can argue all they want that they can’t wait 6 months, they put it in writing

I wouldn't say "many" jobs have a 6 month notice period. In the corporate world, only very senior management ime.

To be fair, you could start sooner but are choosing to take full maternity leave it seems.