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Original poster

Unable to attend interview due to labour

20 replies

Sassles · 22/04/2010 20:30

Hi,

There are two positions advertised internally at work after 2 years of no opportunities.

One would be a promotion and the other is the same grade I am on, but a different role I have wanted for ages.

Problem is. My due date is the 8th May and the interviews will be held on the week of the 10th May.

I've been told that if I can't attend the interview due to being in labour or just having given birth that is just my tough luck as would be unfair on the other candiates if my interview was postponed. They also said if I haven't given birth at this stage they may decline to interview me due to risks of stress to my baby as a result of an intensive interview.

Does anyone know the legal position on this? If you were in an accident or ill, would that just be tough luck too?

I wouldn't want them to postpone for ever, just a few weeks to try to get my head together after the birth.

OP posts:
TheFallenMadonna · 22/04/2010 20:37

My school recently interviewed for a position and one candidate was ill. He was interviewed the following week, and the other candidates had to wait until then to find out whether they had been successful. A few weeks might have been a bit much. Don;t know about the legal position though.

cantcarryon · 22/04/2010 21:36

"risk to baby due to stress of intensive interview" !

Crikey, what do they do at these interviews - beat the soles of your feet and put bamboo under your fingernails???

Seriously, though, that comment makes it clear they are just trying to get out of giving you an interview.

If they refuse to interview you and you have not given birth it would definitely be discriminatory as they would be refusing to interview you directly becuase you are pregnant.

If you need to postpone the interview, it is less clear. What has the practice been in other cases if someone has been ill?

flowerybeanbag · 22/04/2010 21:40

They can't decline to interview you because you are pregnant. Risks are yours to take, so unless your doctor or midwife has advised against it, it's your decision.

However they don't have to delay a recruitment process for 'a few weeks' so you can get your head together.

Yes if you were in an accident or ill, it would be tough luck and you wouldn't be entitled to reschedule.

I think a reasonable employer would be prepared to delay your interview for a week or so, particularly as it's an internal promotion, but really no longer as it isn't fair on other candidates and delays the whole process.

MadamDeathstare · 22/04/2010 21:44

This reply has been deleted

Message withdrawn at poster's request.

Pavlov · 22/04/2010 21:47

I was told it was discrimination when this happened to me (being a female with no male comparison to go on, by a union rep), not sure how true that was, but I suggested it to my employer and they moved the date.

I was asked if there were any dates i could not make. I said I was due on 10 july, and would not be comfortable attending for interview 1 week prior to due date, and for the first 2 weeks after giving birth, presuming all went well. I was then sent a date of 4th july for interview, and I emailed them, after discussion with union rep and they moved it to 24th July for me.

giraffesCANdriveAcar · 22/04/2010 21:50

about the decline to interview you due to stress thing, thats very odd imo

MadamDeathstare · 22/04/2010 23:21

This reply has been deleted

Message withdrawn at poster's request.

TrillianAstra · 22/04/2010 23:24

DP had to wait 3 weeks to hear about an interview last autumn because the other candidate had swine flu.

flowerybeanbag · 23/04/2010 09:54

The whole stress thing doesn't sound good in terms of what their motivation is, I agree.

It's all about being reasonable, and although as a pregnant woman/woman on maternity leave you are of course entitled to be treated equally and have equal opportunity for promotion, you are not entitled to special treatment or being treated more favourably, other than in very few circumstances.

If there was no reason the interviews needed to be so soon, for example if they didn't need anyone to start in this job for a couple of months, or there were no other factors meaning it had to be that week, I'd be concerned about their motivation, particularly combined with the stress nonsense. If they hold the interviews shortly after your due date and there is no need to do so, then you could have an argument that you are not being treated equally. However holding up the recruitment process for 'a few weeks' so that one of several candidates can 'get their head together' is taking equal treatment further than necessary in my view.

I'd ask them to delay for a fortnight and if they refuse make sure you get specific reasons why they can't, and request a compromise of a week or something.

Original poster
Sassles · 23/04/2010 23:20

Hi All. Thank you for the comments.

They do need to get interviewers from other areas, but can video conf them in or use someone in another department at a push. Doesn't really matter who the interviewer is as process is same.

It was my boss that said the stress thing.

I called HR and they agreed that boss was unreasonable to suggest that if I missed date it was just tough. Think she panicked a bit, but rightly so. They are going to bring my interview forward even further till next Thursday if they can. Not unfair to others as actually have less time to prepare. Better than 2 days before due date! If I have baby before I can interview they will allow reasonable time for me to recover, but they can't positively discriminate because I'm pregnant either as I thing some of you said. Basically they would give me 2 weeks after birth at least. My friend pointed out that you have to take mandatory 2 week leave minimum after giving birth by law, so could not enforce before this.

My Dad is convinced that they have made up mind that they don't want me to get job as on mat leave and even if interview, I will not be successful. But I intend to make it hard for them to do that and interview is formally monitored and grading checked by HR, so it has to stand up to scrutiny at least. I do have concerns over the timing of this. One job is additional headcount in place for a system that will not be up and running in dept for months, so absolutely no need for someone to start this asap. I don't think they have ever moved so fast at getting sign off and interview up and running ever! Maybe I am really cynical. The job is currently a bit of a boys club, but I sincerely hope that is mothing to do with it. They are all young modern men (or so I thought)

Going to prep for interview next week, then put it out my head until later and concentrate on relaxing and enjoying mat leave.

OP posts:
trixymalixy · 23/04/2010 23:40

Hmm, does sound like they don't want you to have the jobs and I would be a bit careful about getting their backs up.

I've got loads of interview prep stuff I can give you if you want.

We're still up if you want to ring me.

LadyLapsang · 24/04/2010 16:59

Think it sounds like they want to avoid appointing you if I'm honest. It's amazing what 'young modern men' say and do, I know a large well respected firm that allowed their staff to vote on what emplyment benefits to cut last year, majority of employees were male under 40/45, they chose to cut maternity pay / leave amongst other things.

I would be quite interested in the timing of this job being advertised as you say no promotion opportunities have come up in a few years, again it is not unknown for people to wait until someone is on maternity leave or on a long holiday before advertising their vacancy. Not saying this is the case in this case, but combined with the comments on not allowing you to be interviewed because of stress to your baby I would be concerned.

flowerybeanbag · 24/04/2010 20:05

Bringing it forward definitely sounds like a good option, and you are far more likely to be in interview mode hugely pregnant than post-natal anyway...!

Best of luck.

Original poster
Sassles · 28/04/2010 10:21

Interview all booked in for tomorrow, but email sent from boss still trying to persuade me not to do it and that if he feels I'm not up to it, he will cancel it. Yeah right! Like to see him try. He had no problem with me working this week when I was originally not going to start my mat leave till this friday. Think he is just trying to make sure I don't feel like I have to do it out of niceness (is that a word).

He did also write that although they have agreed to interview me early, I need to keep in mind that I might not here the result for a month and a half while they finish the other interviews. Really nice when he was telling me prev I had to interview in week of 10th or would not be fair to keep others waiting for result, so they could have interviewed me much later on, but def think it is better to do it now v preg rather than after the birth. Couldn't care less how long they take to give me the result as long as I get a good crack at it.

I spent yesterday and will spend today cramming for my interview tomorrow. Can not wait till it is over and I can just concentrate on enjoying a few days/weeks of mat leave. I have a three stage interview over about 4 hours including a stupid role play (who makes these things up), but get breaks in between each stage, so hopefully not too bad. Do you think you can will your body into not going into labour?

Think I'll be ok for tomorrow though! Can feel stuff going on, but think it is just baby having a good old stretch instead of Braxton Hicks or anything. Too clueless to know the difference.

Thank you for all your help and advice!

OP posts:
DeirdreB · 28/04/2010 14:05

The baby will wait until you are ready!!

I would send the email your boss sent to you to HR and ask for advice - stating that this is your risk to run and to decide if you are "not up to it" and feel he is putting undue pressure on you.

Good Luck.

Original poster
Sassles · 29/04/2010 22:28

Hi all,

The 4 hour grilling is over. Not sure how well I did. Hardest part was first and brain didn't really kick in the way I wanted it to. Boss was leading the interview and felt he did actually want me to do really well and he pushed me for a lot of answers in order to prove that I did actually know what i was talking about. If he had just left it with what I said, i would probably have failed that bit, so really chuffed he did that. Other two parts went very well, so hopefully overall I did enough. Just so glad to get a good shot at it and can forget about it for now.

OP posts:
DeirdreB · 30/04/2010 10:07

Well done - I'm glad your boss helped you out in the end. Enjoy your maternity leave and I hope you get the job!!

Original poster
Sassles · 08/06/2010 14:40

Hi,

Just wanted to post quickly. They interviewed everyone else last week in the end. So glad I did it pre-baby as my brain is Jello at the mo.

Gave birth to baby Samuel on 20th May in the end and he is beautiful.

Found out last night that I got one of the jobs!!!

Really, really pleased and shows work not discriminating against mat leave. Thanks for all your help with this. Much appreciated!

S x

OP posts:
fedupwithdeployment · 08/06/2010 14:53

Congratulations! On baby and on job!

tellnoone · 08/06/2010 16:03

Congratulations, for both your lovely baby and your job success!

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