Job offer withdrawn after references

[Anavrin00]

Any employment lawyers around?

I recently got a job offer from a school which was subject to references.

I know for a fact that sickness dates were not asked on their reference form however 1 of my 2 referees (NHS) told them of my long sickness period.
The school called to clarify the sickness dates and reason and I explained that it was pregnancy related and that I'd had a hard time but also assured them I'm in a much better place now.
Next day offer was withdrawn.

I have asked for clarity as to why the offer was withdrawn but no reply yet.

Is the school allowed to do this??

That sounds very iffy and not right. There might be some helpful advice here, as it was pregnancy related

pregnantthenscrewed.com/support-services-2/

Otherwise try ACAS?

I'm not sure if pregnancy related sickness is allowed to be disclosed. You might want to look into that.

Send a subject access request to the school "reference received from any of my referees (list them) between x and x date). Also send a SAR to the referee ... reference provided to x between y and z date.

I would go back to the school, via email, restate that the absence(s) were pregnancy related and that you beleuve taking them into consideration is discriminatory.

IF they withdrew the offer based on pregnancy related illness and IF you can prove that, then they have acted unlawfully. The problem will be proving it. In a discrimination claim it is firstly up to you to prove that discrimination might have taken place, then the burden of proof switches to the employer to prove it didn't. At the moment it is your word against theirs, is it not? Don't get me wrong - I think that they probably did withdraw it because of the sickness period, but belief and evidence are not the same thing.

What outcome do you want from this? Because they aren't going to re-offer the job, but if they did, would you want to work for them? So what does the end result look like?

That's in interesting point, because it is clear that pregancy related sickness should be accounted for seperately and not used as grounds for disciplinary action or dismissal. But I can't see where the law specifies that it can't be disclosed - I hadn't thought about it before now, and quickly having a look through my resources, I think this might be a "gap". I wonder if the OP is in a union, because if so they may be very interested in that "gap" - it has case law potential (assuming I am right and the law isn't specific on the point).

OP - you say that the reference request didn't ask about sickness. Did the application form?

Thanks for the link! Will be calling them shortly..

I didn't think it could be either which is why I questioned it.

I want to see their reply before I do this but good idea thanks. I have already got a copy of both references from my previous employers.

I do think they have acted unlawfully and they have been super sneaky about it. I'm not sure of what I want yet tbh!

I'm not part of a union as just getting back into work after being a SAHM. I definitely think this is a gap in the law that employers could use to disadvantage pregnant and working women which is just shit.
Sickness was not asked on app form or references but I think NHS puts that on their references as a standard so it got highlighted to them.

Yes I think so too, but like I said, what one thinks and what one can prove are not the same thing. I am also perplexed that you have copies of the reference - if the NHS disclosed the sickness record why on earth would they give you the reference - they obviously didn't think they were doing anything wrong, which is weird. Was it just the total of days sickness stated? And another thought - when? If you have been a SAHM could the records pre-date specific law or practice. I know that the NHS can make blatently stupid decisions at times so they aren't perfect, but this does seen a bit extraordinary.

Yes I asked NHS employer for the reference and was also rather surprised to have got it back so promptly! but it didn't specify reason for sickness so perhaps they haven't done anything wrong per se. However, as it was mostly pregnancy related, I am unsure that it should've been disclosed that in the first place.
I initially thought that it was NHS screwing with me but seems the school are more at fault. It's been a few days since I asked for reasons for withdrawing job offer and still no reply and that itself is suspicious?

I don't disagree with your suspicions. But I deal with facts, not beliefs. What I believe won't help you. I think that accounting for sickness seperately is relatively recent, so their records may not show it in that way anyway. And as I said, I think this may be one of those grey areas anyway - it's an interesting one although you probably won't appreciate that!

But (a) the school aren't legally required to give you a reason, (b) suspicions don't prove anything, (c) whatever their reason they will almost certainly be taking legal advice now anyway and (d) if they answer it will state a different reason.

But it really does still come down to what you want from this. Are you looking for compensation? An apology? The job? I doubt they will change their minds now - apart from anything else you have now shown them that you won't accept any crap from them, so I doubt they want you anyway. So what does an outcome look like and how much time are you prepared to put into getting it?

They probably called and invited her to disclose........ Just a guess