Just offered someone a job and now she's told me she's pregnant! Disaster!

[Calendar]

Have spent months recruiting for someone, thought I'd found the perfect person. We've sent out the contract, agreed a start date, she has handed in her notice but before she sent the contract back she rang and told me she had just found out she is pregnant!
Obviously I want to do right by her, but it makes life very difficult for me. It will take 6 months to train her up, then we will have to get in a temp to cover her. Also, this is a trainee position and she is supposed to be taking exams for the next 3 years in order to qualify (finance) but that doesn't seem very likely any more.
According to our company handbook, she is not entitled to company maternity pay or even SMP, but she may get maternity allowance.
What a disaster! Any advice? I have got our HR dept looking into this, but they don't seem to know much about it. I want to make sure I do the right thing by this girl but it's really not an ideal situation.

I've been an employer and the truth is this sort of stuff IS a pain. It costs money, it takes time and it can cause all sorts of problems.

Why should it be a hanging offence to say so?

It doesn't mean you don't comply with the law, but fgs employers are people too and a small business is sweat blood and tears and working all the hours god sends and risking everything you have and there is NO recognition of that from ANYONE. Not the government, not the employees, nobody. You are squeezed from every angle with everyone taking everything and wanting more.

ooooh yes batters

It is hard, but it should be factored into the business plan. It's a fact of life. Women have children. Men have children, but men don't have to take time off, because their wives carry the babies.

Message withdrawn

Well, I'm not because it went under and I lost my house and was declared bankrupt, so I may have a bit of an axe to grind...

But how are people going to be employed if nobody is going to be an employer?

We need small businesses. We need employers. We need fair treatment. Fairness to employers as well.

lol batters, of course I meant partners!

I'm back, for my sins. Just was thinking and would like to add..

Many employment laws in this country didn't used to apply to small organisations because of what was seen as the undue financial burden on them should they have to comply. But either discrimination is illegal or it isn't. And it is, for a reason. It should not be (and isn't) legal for a woman (or anyone else) to be discriminated against just because she works for a small organisation.
It is difficult particularly for small organisations to cope with situations like this, and they have my sympathy, but the realities of business in this country in the 21st century mean that it is a business owner's responsibility to inform him/herself about the laws which apply to the company, employment laws included, and to ensure as part of financial planning that the business is able to comply with what is required of it.

the xfactor is a competition fgs

Well, if they have a womb, quite clearly they're not going to be emplyed.

Am pmsl at the idea of the X Factor being used as an example of a recruitment process.

Sorry yorkshirepud missed your query among the flying veg, see following from businesslink website -

Employers can recover 92 per cent of SMP payments but if your total National Insurance payments are £45,000 per year or less you can recover 104.5 per cent to cover SMP payments, and in compensation for some of the employers' National Insurance paid on SMP. You can recover SMP by deducting it from payments you make to HM Revenue & Customs (HMRC) for PAYE and National Insurance. You can also get funding in advance for payments of SMP from HMRC.

But there would be other financial implications, such as recruiting and training maternity cover, lost productivity etc. But yes most direct costs are recoverable.

I should not get dragged in here - but omg at some of the opinions on here

eg 'I still don't think it is fair to say that companies should have to employ a pregnant woman.' from Lorayn - yes, in fact while we're at it let's just scrap all anti-discrimination legislation. We could take a leaf out of the Saudis' book and ban women from driving, then lots of them wouldn't be able to get to work anyway.

Am also speechless at the assertion that she should not have handed in her notice knowing she was pregnant. I mean WTF?

Aware I am not being terribly articulate but I am genuinely

Message withdrawn

doggiesayswoof, I was asked how she should support herself, I was just remarking that she had a job, which she decided to leave.
And as for comparing a new employment to driving, dont be so ridiculous, it isn't even slightly comparative.

Oh dear. I'm new to internet forums and didn't realise it would cause such a row.
Just to clarify - we are a smallish company, so when I referred to our HR Department I actually meant one person, who is very busy. Which is why I think I haven't got an answer yet, because he has never come across this situation before. Also, at no point was I considering withdrawing the job offer or anything like that, I just wanted to know exactly what I should/shouldn't be doing in this tricky situation.

I think Calendar is right, it is a nightmare, she is going to have to consider stuff that she didn't think she would have to

but as I said earlier, that is life, stuff happens

the best companies realise this and work round it, whether it be pregnancy or whatever

What you have to do - employ her and comply with the required legislation. Smile, say congratulations and buy her flowers when she has it. It's all you can do.

But I understand where you are - the conflicting feelings and the fears of the small business

Calendar don't worry about it. It's very unusual to have such a heated debate in the Employment topic, but nothing wrong with it, people are airing their views.
Hope you have found amongst all this the information/advice you need?

pmsl at the idea that a job interview/the workplace is like the x factor, I was about to explode and then I read that and it made me laugh out loud, thus diffussing the tension building up in my chest

Can I just repeat:

IT'S NOT A VIABLE BUSINESS IF IT CANNOT AFFORD TO ADMINISTRATE THE LAW WRT EMPLOYEES

I shouldn't think chimney sweeps liked it much when they stopped allowing children to be sent up chimneys but that doesn't mean banning it wasn't the right thing to do.

Sorry Lorayn, these are your actual words

'Said pregnant woman shouldn't have handed in her notice at her previous job if she already knew she was pregnant.'

You cannot make that decision for her.

The example about driving and Saudi Arabia was ridiculous, of course it was - but actually the logical extreme of eroding anti-discrimination legislation is a situation where women can be stopped from doing all sorts of things just because of their sex. So it is relevant to this discussion.

Calendar, you have no need to apologise - I don't think it's you most posters are upset about. You have said from the start you want to do the right thing.

"she is supposed to be taking exams for the next 3 years in order to qualify (finance) but that doesn't seem very likely any more."

Why assume that? I think you are making huge assumptions about "the perfect person" as you have already described her.

So, ok it's a pain - you are going to have to train her up - you have to do that whether she is pregnant or not.

You'll have to get a temp in - so what?you've got ages to recruit someone.

As someone who has suffered sex discrimination during pregnancy myself I'm disgusted with the attitude of some of you women who think this pregnant woman is in the wrong.

I hope she has the guts to persue a claim for sex discrimination if it's decided to rescind the offer of employment.

This is making my blood boil. Why can't employers think a bit more creatively?

Anyway what is the size of the company?

Why is everyone assuming it's a small firm?