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HR legal query - can existing employer tell a new employer you're pregnant?

3 replies

Macleaya · 29/05/2012 20:10

Not for me, for a friend.

Basically, my friend has not officially told her existing employers she's pregnant because it's fairly new. However, one of her colleagues guessed and told the whole (very small) company. A few weeks' later, my friend went for an interview for another job which she has now been offered. She's been very anxious about not telling the new employers but I told her that legally she wasn't obliged to (she only had her 12 weeks scan last week anyway).

New potential employers have contacted her existing employers for a reference and her line manager told her that she was going to have to tell them that she is pregnant because of 'health and safety' reasons.

Thankfully, she rang her new employer before her line manager contacted them and told them she was pregnant and they've said that it's not a problem so that's all good.

But can her existing employer tell them? Even though she's never notified them officially? Is that legal?

OP posts:
Macleaya · 30/05/2012 10:01

Quick morning bump if anyone HR-y is around :) (flowery etc)

ps am a namechanger obviously!

OP posts:
flowery · 30/05/2012 15:14

Absolutely not, no. It's absolutely not up to them to tell a future employer at all, whether she'll notified them officially or not.

Macleaya · 30/05/2012 18:34

Thank you flowery. I will let her know (and I can take off this disguise now - phew!) :o

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