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Can my job offer be retracted due to pregnancy/maternity leave?

10 replies

PeachesBright · 20/12/2020 23:07

I've just been promoted which means I have to move to another department within my organisation.

I'm also pregnant and due to start maternity leave in 3 weeks time.

Recruitment contacted everyone that had passed the promotion process and asked for our preferences on which department we want to move to. Luckily, I have been posted to my preferred department.

I recieved an email from my new department asking a set list of questions (to establish what training I might need). There were no questions about personal circumstances etc, so I did not mention my pregnancy/maternity at this point.

New department have responded confirming my position.

I now have to let them know that I am pregnant and due to start maternity leave in 3 weeks and therefore I will not be able to attend the training until I am back from maternity leave.

It's not like I have hidden this.. my current department and HR are aware I am pregnant and I've had my maternity leave confirmation letter from HR. It has just not come up during emails with my new department, so I did not bring it up.

Am now wondering if, when I tell new department that I am pregnant and about to start mat leave... can they retract their offer of my position within the department? Or would they be discriminating against me due to my circumstances? A couple of colleagues have said they don't think they are allowed to now retract the offer and they believe the department has to hold the position for me.

Anyone know if this is correct?

Thanks!

OP posts:
LouiseTrees · 21/12/2020 00:15

Is it a government organisation? If you’ve done interviews how would they not have noticed you were pregnant? Regardless, yes you have to tell them now. If they are a private organisation they can’t discriminate. If they are governmental each “ department” could be termed a seperate company so that would be messy. Can I ask what industry you work in?

PeachesBright · 21/12/2020 14:07

It's a public service.
I spoke to HR this morning. They have advised that pregnancy/maternity is a protected characteristic under The Equality Act. They stated that if the new department were to now retract the offer or change it, they would be discriminating against me - unless they could prove that the retraction/changes were absolutely nothing to do with me being pregnant and imminently starting maternity leave.

I have sent a reply to the new department this afternoon to inform them that I am pregnant and due to start maternity leave next month and therefore my training will have to be deferred until I return to work. I copied in the HR advisor that I spoke to and I asked the new department if there is anything else that is required of me in the mean time.

I'm awaiting a response...

OP posts:
elldog6 · 01/01/2021 20:37

@PeachesBright how did you get on OP??

HedgieHog · 01/01/2021 20:41

Why didn’t you meantion this at interview stage?
I’d be pissed off thinking I was getting a great experienced member of staff that I’d have work ready for them to find out they aren’t even doing my training key alone the job for months on end, protected it may be and quite rightly but ethical or honest it’s not

PeachesBright · 01/01/2021 21:10

@HedgieHog

Why didn’t you meantion this at interview stage? I’d be pissed off thinking I was getting a great experienced member of staff that I’d have work ready for them to find out they aren’t even doing my training key alone the job for months on end, protected it may be and quite rightly but ethical or honest it’s not
I work for a public service.. think fire/police/ambulance services. The promotion process is not similar to that of a standard organisation.

I informed HR that I am pregnant when I expressed my interest in the promotion process. They were fully aware. I have not hidden it.

Going through the promotion process in my profession gives you a rank, not a new job. Once you obtain the rank, you then have to leave your current department and you are posted to a new job in another department.

There is an interview stage, but the questions aren't based on a specific role/job. The interview is conducted by a central interview panel who evaluate if you are competent in several areas. I was 7 and a half months pregnant when I attended my interview - this was very apparent to the interviewers who commented that they had never had to deliver a baby during an interview.

I was successful and have been promoted which means I now have to leave my current role/department and go somewhere else.

All successful candidates were sent a link from HR to a page where we had to fill in a series of drop down boxes expressing our preferences on which department we'd like to go to. I completed this and sent it back to HR.

A few days later, I recieved an email from the central posting panel telling me that the department I had been posted to was my first preference. Great news!

I then received an email from my new department with a form attached asking for answers to specific questions. None were in regards to my personal circumstances etc. I completed the form and sent it back. They confirmed my placement and told me who I need to contact to arrange training etc.

It was at this point that I realised they aren't aware that I am pregnant, so I decided to tell them. Was worried this could potentially affect my posting to the new department, so reached out here for advice.

I can't see any issue with how I have conducted myself?

OP posts:
PeachesBright · 01/01/2021 21:19

@elldog6

I was very relieved to receive a response from my new department congratulating me on my pregnancy and wishing me well.
They have asked for my return to work date so that nearer the time they can ensure I am on the list for the relevant training I will need.

Just waiting for formal confirmation of appointment to the new department which should come through before the end of this month.

My HR advisor was very supportive and told me to copy her into all future correspondence with my new department if I am concerned about anything.

So far, so good. Thank you for asking!

OP posts:
elldog6 · 01/01/2021 21:23

@PeachesBright ah that's great news! Glad it all worked out for you. Sounds like you've got a great place to work and good luck with your mat leave Thanks

HedgieHog · 01/01/2021 21:33

@PeachesBright that process makes absolute sense so apologies, in my working world it wouldn’t be seen positively to go through a process then announce by the way I’m not starting for x months due to pregnancy

Congratulations on your outcome

PeachesBright · 01/01/2021 21:46

Thank you @HedgieHog
Apologies, I probably hadn't explained the process clearly enough in my previous posts.

OP posts:
PeachesBright · 01/01/2021 21:48

Thank you @elldog6

On festive A/L and bank holidays at the moment. Mat leave starts on Monday. So looking forward to it. Even more so now that I'm not stressing about work!

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