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Flowerybeanbag! Can I please borrow your expertise?? And anyone else with an honest opinion!

8 replies

Lazylou · 28/01/2008 16:34

Following my thread about the nursery who wouldn't give me an interview once I had told them I was pregnant, I decided to write them a letter. I would be ever so grateful if you could have a look and see what you think .

Dear Madam.

I am writing to you with regard to your current advertisement in the News Shopper local newspaper:

'Manager/Deputy Manager, Qualified Staff and Assistants required due to expansion by small friendly nursery in Xxx. Good prospects. Call xxxxx for details.' ( , January 23. 2008, Classified page 60).

As you are fully aware, my name was passed to you by Miss Xxx following a conversation you had with her regarding a management position within your setting. This recommendation lead to you contacting me by telephone on Saturday 19th January 2008 in which you took some verbal details as to my qualifications and experience. During this telephone conversation, you were informed as to my pregnancy, but despite this, you assured me you would discuss the situation with a colleague and would contact me early the following week to arrange an interview.

On Tuesday 22nd January, I contacted the nursery to speak to yourself regarding the possibility of an interview and was told that in this instance you were only seeking to recruit a trainee nursery assistant, aged 17/18 who would be willing to work for minimum wage, and that there were no qualified vacancies within your setting.

I was, therefore most confused as to why an advertisement appeared in the local paper advertising a variety of qualified positions ranging from managerial to trainee positions, the day following this phone call.

According to www.employment-solicitors.co.uk, ?direct discrimination is when an employee or prospective employee is less favorably treated because of their race or sex. This tends to be obvious discrimination, for example, a female candidate with the best qualifications and experience does not get an interview.? Not only in this instance was I not offered an interview, I was falsely informed that a qualified position was not available, after I had informed you of my pregnancy. I can therefore only assume that the reason my application was deemed unacceptable was because of my pregnancy. This would therefore fall under the category of direct discrimination.

I do understand that you may have had some concerns regarding this issue, but feel that it would have been beneficial to discuss these previously to being turned down for a position within your setting.

I understand that the position we were discussing was intended as a full time position also. I am aware that initially I registered my interest in working part time but you were informed that I would be willing to work full time until such times as my maternity leave would commence during the phone call on 22nd January 2008.

A solution to this would have been to provide me with a temporary contract until such times as my maternity leave commenced, and treated it as the probationary period most settings have in place. If my probationary period was successful, I would return to work following the birth of my baby in September when he would be old enough to attend the setting. I would have required childcare for my daughter until August, as she starts school in September. So, in essence, not only have you forfeited the qualifications and skills of a Level 4 Foundation Degree practitioner, but you have also forfeited two amounts of nursery fees in respect of my children.

I have kept the relevant newspaper as evidence that a qualified position was available within your setting, as I intend to take this matter further should I not receive a reasonable response from you. I fail to see how my pregnancy would have a negative impact on any professional skills or training I have received and am able to perform within a role for which I am highly qualified.

I have sought legal advice on this matter and know that I am within my legal rights to make a complaint to the necessary body on the basis that discrimination has taken place.

Yours faithfully

Lazylou

What do you think?

OP posts:
Lazylou · 28/01/2008 16:40

Bump

OP posts:
lalaa · 28/01/2008 16:48

I didn't see your previous thread, but here's my view: I think you need to consider what it is you are seeking to achieve here. Do you want the job - working in an environment where it seems they don't support women who are pregnant?

Either they've made a massive mistake and have no idea about employment law, or they aren't a supportive employer.

And if they back pedal and offer you an interview, and you get the job, you're starting on fairly unstable ground in terms of your relationship with your boss.

In terms of the advert, it is possible that they decided not to recruit for the managerial post and by then it was too late to pull the advert.

Me, I'd send the letter, which I think is fine, and actively seek another job.

flowerybeanbag · 28/01/2008 17:02

hiya will read later once DS in bed

flowerybeanbag · 28/01/2008 18:53

Hi, back again.

I think the letter is very good but I do have some concerns/questions. You have mentioned if you don't get a 'reasonable response' you will take it further. What do you consider a 'reasonable response' would be? Have you considered being more specific and stating exactly what response and/or action you would like from them?

If they don't respond 'reasonably' do you actually intend taking it further? They may call your bluff... Either deliberately or through ignorance and a disbelief that you are right.

I agree with lalaa, be sure what you are hoping to achieve. Do you want to work for this company? in which case are you hoping for an interview for the position? I actually think both of lalaa's 'options' for reasons for their behaviour probably apply, they are both an unsupportive employer and ignorant of the law. Do you really want to get an interview or even the job because you have threatened them with a tribunal? Your working relationship would be horrendous I imagine. Whether or not you were correct in your claim, they may consider that you got the job/interview as a result of blackmail.

Or do you want to point out to them their potentially illegal actions, to educate them, on the basis that they are not aware, in the hope that they will be more careful in future?

If you do 'take it further', with a claim to the Employment Tribunal, what outcome are you hoping for from that?

Lazylou · 28/01/2008 19:01

Thanks for reading that and for your comments.

I suppose I really (or not so really) want a job there. I'm desperate for money now, especially with the baby on the way, plus DD will be starting school so will need new things. We are hoping to get out of our flat but can't do that until the rent arrears are cleared and unfortunatley, DH can't do it all.

The place is ideal in terms of location, close to home so little travelling, plus I will have to do the school runs and the place is 10 minutes walking distance from all of the schools we have chosen.

Aside from the financial aspect of it all, I need to be working to complete my degree which is due to finish just after the baby is due, and I'm bored!

I did think of all these things as I was writing it, but couldn't really think of a way of putting it.

If they still do not want to employ me, then I would like to use this experience as an education. I'm so sick ofbeing told no because I am pregnant. It's just that this place was more obvious about it than others. I was told by others that the uni thing would be a problem and knowing how nurseries work, I can actually believe that.

OP posts:
flowerybeanbag · 28/01/2008 19:16

Fair enough, and I'm glad you've considered everything well.

If you are hoping to be given another opportunity for an interview, I would put a sentence in making that clear, saying that you do believe discrimination has taken place, and you would like to give them the opportunity to put that right. You would like an interview for this position, as originally promised, in order that you can discuss fully your qualifications and experience with them and answer any questions they may have.

branflake81 · 29/01/2008 11:29

there's a spelling mistake:

"This recommendation lead to you contacting me by telephone on Saturday 19th January 2008 in which you took ........"

should be

"this recommendation led....

Lazylou · 29/01/2008 11:31

Thanks branflake, always get those two mixed up!

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