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6 months probationary period & pregnancy

12 replies

LondonSuperTrooper · 09/05/2014 12:40

I'm looking for advice & hoping that I can find a solution for my dilemma. Just for a bit of background, I've been TTC for the past 5 years or so to no success I already have a DS (soon to be 7!) & my consultant has finally agreed to a 3 Clomid cycles for me & I'm pinning all of my hopes on getting pregnant in the next 2-3 months. So far so good.

But, I have now been offered a job with a 6 month probationary period in a male dominated industry. I thought that this probationary period was a tad too long? And can my new employer sack me if I fall pregnant within this 6 months probationary period? I know who my direct line manager will be and we have crossed paths in the past. I know who I will be working for and I would like to start on the right foot & don't wish to decieve. Shall I be upfront about my pregnancy plans or is this plain stupid? Bear in mind that I will need time off for appointments and scans within 2 weeks of starting this new job.

Ideally, I could rough it out & stay in my current job but there is a risk of redundancy looming over, my head :( and the new job could potentially be a good kick-start for my flagging career.

OP posts:
flowery · 09/05/2014 13:00

A six month probationary period is perfectly standard, but actually it's completely irrelevant anyway. Probationary periods have no meaning in law at all, and you have no more rights after you've passed it that you had before. The only thing that normally changes is the amount notice you are required to give/entitled to receive.

The good news is that when it comes to being sacked for being pregnant, you are protected from day one of your employment anyway. They cannot do that, so if you are dismissed and have any reason to believe any announcement of a pregnancy was the reason, you are protected.

Having said that, I wouldn't normally advise anyone being upfront about TTC in a job, new or old. How much time are you likely to need off though, because if your plans are going to have a direct impact on your work like that, you may want to consider discussing it with your new manager in terms of how it is going to work, will you make up time, take unpaid leave or whatever.

AreYouFeelingLucky · 09/05/2014 13:08

I wouldn't change jobs.

Legally, you are protected. You can't be sacked for being pregnant even within a probation period.

Realistically, I think it'd be quite hard to prove that it was pregnancy related if you told them and a few weeks later they decided to terminate your employment. They could claim that it was due to a team clash/you not being the right fit, and it could be hard to prove otherwise.

You'll potentially need to be upfront about TTC and the time off you'd need, if it'll start from 2 weeks in, I think.

Chocotrekkie · 09/05/2014 13:10

What is the maternity leave package like in your current job ?

Your new job will probably be minimum until you have been there for so long - may be something else to consider ?

I wouldn't be upfront about TTC - some companies class this as elective medical procedures and so you may need to use annual leave which they can refuse.
This happened to someone at my old work - they weren't allowed time off to attend an ivf appointment as it was on the day there was a really big meeting and the horrible boss wouldn't authorise the leave.

Once you are pregnant then you can obviously take time off for appointments etc

Good luck Thanks

flowery · 09/05/2014 13:34

Areyou employees don't have to prove their dismissal was pregnancy related. They have to demonstrate that they have reason to believe it was, and the burden of proof then passes to the employer to prove it wasn't pregnancy. Claiming an employee wasn't a good "fit" is going to struggle to meet that requirement.

Most employers are pretty wary of sacking pregnant women IME, even where there is clear justification for doing so.

I would counsel against anyone putting their career on hold just in case they get pregnant.

AreYouFeelingLucky · 09/05/2014 14:14

Thanks Flowery.

Apologies OP, looks like the law is fairer than I thought!

TheDoctrineOfSnatch · 09/05/2014 20:46

Can you push your start date back at the new job?

Or describe as pre-arranged medical appointments, or . Book as leave and say you have pre-arranged commitments if that's easier.

Applesauce29 · 15/05/2014 21:19

I got pregnant 2 months into a 6 month probation period - waited until they'd signed off paperwork before I told them tho. If I were you I'd go for new job, if that's best career wise (you shouldn't put your life on hold, although I know how stressful ttc can be). Can you arrange appointments in advance at start / end of the day, and then work from home / take half day annual leave?

I'm also in a male dominated industry, and HR haven't been that great (very negative even tho company only pays SMP regardless of how long you've worked there). However most of the guys (especially the really senior people okay with it - suppose they know it's possible if they hire women of a certain age, and just take a longer term view. Line manager not thrilled, tho not as if he can say anything, law is on our side)!

Stevie77 · 19/05/2014 17:46

I just want to give account of reality vs what's legal on paper:

I got pregnant 6 months into a new job and because they were that type of company (you only find out once you start, sadly!), they have made me redundant whilst pregnant.

Despite what others on this thread say, it is difficult to make a case for pregnancy discrimination. I have had a lot of legal advice and it is not easy, not to mention the cost of going to tribunal. Someone would have to say something pretty stupid to your face, and most employers are more savvy than that.

Not to discourage you, but think about the "what if"

LondonSuperTrooper · 20/05/2014 12:33

Thanks for all of your replies & advice. I've been away with work and hence my late reply.

I think that I have decided to take the job pending approval of my flexi hours request. If they agree to my proposed hours then I'll take the job & see where it leads to. The main reason for my decision is because the industry I am in is very specialised & I will not find another company so close to home (I refuse to commute to London!) which will fit in with school pick ups etc.

I am still worried about the probabtionary period but I can't put my life on hold with TTC. If I'm lucky enough to fall pregnant (esp. now that I'm being given clomid) then great! I will worry about how this impacts my probabationary period when it happens.

I need to start my probabtionary period ASAP as we are going the IVF route in the new year.

Thanks for all of your advice - I really appreciate it.

OP posts:
LondonSuperTrooper · 20/05/2014 12:37

And I also agree that it is risk that they can make redundent if I fall pregnant. But to be honest, if i do fall pregnant I will be over the moon and losing my job will be the last thing on mind!

OP posts:
worriedmum100 · 10/06/2014 10:55

Sorry to hijack this thread but would be very grateful for some advice (flowery are you there?)

Been ttc dc2 for 2 years. 2 rounds of fertility treatment, one miscarriage, endometriosis diagnosis, surgery etc.

I have stuck it out in a job I don't like for those 2 years in the hope that I would get pregnant (its got a really good maternity package).

My dream job came up and I decided not to put life on hold anymore and go for it. I attended the interview a week after surgery for the endo.

I found out I got the job on Friday and accepted verbally. Yesterday I resigned my current job and received and returned a forms for the new job (refs, security clearance etc). Job offer is subject to these but will be no problem with them)

Yesterday afternoon I got a BFP and now don't know what to do. With my history there is no guarantee this will stick. Its very very early 13dpo.

Should I telly new employer anyway? I know I wouldn't be entitled to any maternity pay. We cld just about manage on statutory. Gah! I can't believe the timing!

flowery · 10/06/2014 11:03

I can't see any reason why you would tell your new employer at this stage worriedmum. Tell them a bit later down the line, after 12 weeks or so, just as you would anyone else. It won't make any difference to anything to tell them this early.

Yes it's rubbish timing, but as you identified yourself, you can't put your life on hold indefinitely. Children don't always come along at the most convenient time for your employer, but you know what? They'll get over it! It's part and parcel of employing people. Plus if you take the opportunity of your pregnancy to make a good impression and have a positive impact, the fact that you will then take some time off, in the scheme of things won't be a huge deal.

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