Got the job without telling employer I am pregnant

[Emma70459]

Hi ladies!
So I'm looking for advice desperately.
I'm currently 37 weeks pregnant and 3 weeks ago,I had an interview for a zero hour contract admin job. They asked if I was able to start work full time immediately and I said "I am able to work full time for now".
They couldn't see that i was heavily pregnant as the interview was done online.
I wasnt expecting to get the job,so naturally I was thrilled when I found out that I got it.
Now my line manager is asking if I am available to work next week but I will be on maternity leave from next week.
How do I tell her that as much as i would love to start working for her i cant otherwise i would lose all my SMP? But i would definitely want to start working as soon as my maternity finishes.

@tomatoesandstew

This post goes to show how many backward views there are from women about other pregnant women. They can't discriminate against your pregnancy status and for a zero hour contract there's no reason why you couldn't pick them up when you finish mat leave. Banks make big profits. They can't privatise the profits and socialise the risks.

That’s not what ‘bank work’ means... she’s not literally working for a bank

@tomatoesandstew

This post goes to show how many backward views there are from women about other pregnant women. They can't discriminate against your pregnancy status and for a zero hour contract there's no reason why you couldn't pick them up when you finish mat leave. Banks make big profits. They can't privatise the profits and socialise the risks.

I believe in this instance it isn't working for an actual bank but being on a staff bank which is totally different

@tomatoesandstew

This post goes to show how many backward views there are from women about other pregnant women. They can't discriminate against your pregnancy status and for a zero hour contract there's no reason why you couldn't pick them up when you finish mat leave. Banks make big profits. They can't privatise the profits and socialise the risks.

Bank work doesn't mean working for a bank!!!

You were provided with an opportunity and presumably were provided with key information to make your decision. By not informing them of your intention to be unavailable for upcoming work, regardless of the reason, you haven't provided key information. Another person may have not been recruited due to your actions. In breaking the psychological contract so early you appear dishonest.

@Emma70459

So bank workers are not allowed time off after giving birth?

As bank they just wouldn’t take hours offered.

@tomatoesandstew

This post goes to show how many backward views there are from women about other pregnant women. They can't discriminate against your pregnancy status and for a zero hour contract there's no reason why you couldn't pick them up when you finish mat leave. Banks make big profits. They can't privatise the profits and socialise the risks.

Not backward views, basic employment law advice.

She does not work in a bank.

She’s not on a zero hour contract as an employee, she is a bank worker. There is no discrimination re pregnancy, she has no automatic right to be offered any hours as a worker on the Bank

If you are remaining employed by your existing work (to get smp) you have to turn down this job as you are not available. The disability form is for arrangements for interview (not applicable for virtual interviews) and adaptations for the role, not pregnancy which is declared a different way.

Please do not think you have statutory protection as advised in other posts. You do not have a zero hours employment contract. You have a bank worker agreement.

You are not an employee, you are a worker

movingonup20 it's not true that disability declaration form isn't relevant for virtual interviews.

Someone may have a speech or hearing impairment and need adjustments to be made for example.

@Catlover77

Please do not think you have statutory protection as advised in other posts. You do not have a zero hours employment contract. You have a bank worker agreement.

You are not an employee, you are a worker

That's interesting to know - I thought op stated it was zero hours but good to know the difference!

@Frieswithanythin

CandyLeBonBon Go and boil your head with all your legal crap! But yes she has been misleading, how else would you put it? Plenty people would have applied for this position. She going on maternity leave, give someone else a bloody chance of the job especially when there is no chance she was in the position to take it anywhere.

Excuse me? What did I do to puss on your chops exactly? Sorry if I offended you. I was trying to offer some balanced opinions based on my current understanding. I don't feel any need to boil my head, but thanks for the delightful suggestion!

When do you plan on going back to work? If you are only on maternity leave for 3-4 months, they might be fairly lenient with you. If not, they will have to arrange maternity cover.

I would remind them that you put you were pregnant in the health form (they do check them, this is for HR or recruitment to make reasonable adjustments for those who may need them e.g wheelchair access etc). State that, as disclosed before the interview, you are pregnant, and you will be going on maternity leave on this date and are to return on this date. If they get difficult with you (withdraw the offer, make personal remarks etc) you need to take it to citizens advice or speak to a solicitor. Make sure you make records of all communications and try to get as much of it in writing as possible (I always email in this situation). If they make a fuss, I would also ask “would you not have offered me the job if you had seen I was visibly pregnant at a face-to-face interview?” because that IS discrimination.

You do not have to return standard SMP if you do not return to your current place of work. Have you told them they you are leaving permanently? I would hold back if you haven’t, just in case this all goes terribly wrong.

Could also amount to (sex or maternity) discrimination to not give her hours on the back of this. Could it not?

Workers are protected from discrimination in the same way as employees are. The definition of employee under the Equality Act is wide.

How very sneaky. Jolly glad i don't have to employ you.

@Emma70459 I don't know why people are being so harsh on this thread. Of course you don't have to tell an employer you are pregnant at an interview. It is irrelevant to you doing the job. Just like a surgery or a holiday or whatever. Also - everyone posting - would you recommend a man tell every interviewer that his wife is pregnant and that he's going to take time off?

It's not sneaky or withholding information to not mention a pregnancy at an interview. You don't need to mention all aspects of your personal life! Would you mention your sexual orientation?

@excitedemmi

It's not sneaky or withholding information to not mention a pregnancy at an interview. You don't need to mention all aspects of your personal life! Would you mention your sexual orientation?

Possibly not if you were in early pregnancy but the OP knew she wouldn't be able to even start the job because she was so far along.

@SuperAlly

Could also amount to (sex or maternity) discrimination to not give her hours on the back of this. Could it not?

Employers will not state the lack of hours are on the back of this.

No bank hours will be offered, there is no requirement to offer hours to people on the Bank

The fact it's bank work changes my answer though you had just applied for full-time permanent job .
I would tell her your news.
Be honest and say you don't want to commit and then let her down so diary a call for a months time .
it's unfortunate about covid or I would of offered to do a shadow shift with someone for free to get an insight and show willing .

Have I got this right... you have taken a job a and in 3 weeks expect them to put you on ML?

So at what point do you plan on working? Sorry- regardless of legality, morally, given you were interviewed at 37 weeks, and planned to go off on maternity leave- mentioning it would have been ideal. You're not just pregnant- you're about to deliver pregnant. They are not entitled to give you any hours, and you will be months behind those they did employ. I would see this as trying to be sneaky, instead of being upfront.

I didnt want to tell them that I was pregnant because I was afraid that I would put them off. I wanted to know that if it wasnt for my pregnancy, whether I would still be offered the job or not. Yes employers are not allowed to discriminate but in my experince, they still do anyway.
I'm going to call her and let her know. I feel awful like I have let her down already without meaning to and tell her that at the time of the interview I was able to work immediately full time/part time. Now I cant of course but if she really needs me to work,I dont mind doing part time voluntary.
If she feels that she needs to withdraw her job offer then that's fine. I cannot change the fact that I am heavily pregnant.
I know I may have prevented other people from taking up this job, other people who really are available to start immediately. But I do need the experince and start my career somewhere. UC sucks and it's just so stressful, I just want to be able to earn without having to rely on it.

I have a feeling you will get the job but they'll never offer you any hours.

March was ages ago so I’m not agreeing with others that you did anything wrong and you also declared it anyway when asked about health ! It’s not your fault they took months to get back to you. I would be inclined to just say it straight you are due to go on maternity but plan to take x amount off and would love to start after. If they don’t want you to thats one thing but it’s not as though you applied the week before you were due or anything! I don’t know how it will turn out but you are right to not lose your entitlements from the previous job, they can’t discriminate with pregnancy but if it’s zero hours they don’t really have to explain themselves either I don’t think!