Job offer received, contract signed now offer removed.

Bolt1977

Hi hopefully someone maybe able to offer some advice, my wife has recently applied for job and has subsequently received an offer of employment and a contract (which she has signed and returned)which states that her employment with the company is due to begin on 31 October 2011, she has handed in her resignation to her current employers which has been accepted.

A few days ago she went in to her new employers to tell them she is pregnant (we have only just found out, she is approx 7 weeks gone), she received a phone call this morning from said new employers to state that "this does not fit with there plans for the position" and they are withdrawing the offer.

Am I right in thinking that this could be seen as sexual discrimination and also I am not sure about the contract, surely a signed and dated contract is a binding contract? Or because it is dated 31 October it is not valid until that date?

Any help would be really appreciated as this is just adding to the stress of the pregnancy (we have had 7 miscarriages previous to this pregnancy so trying to keep my wife calm because stress its not good whilst pregnant and being now unemployed at the end of the month and this is really not helping!)

I have spoken with acas but all they can do is tell me the procedure for starting a tribunal against the new company, we have a meeting with the company next Tuesday but would like an idea if we are on the right ground to take them to a tribunal?

Many thanks L

SarEl

Shaky - can you prove that they have withdrawn the offer because of the pregnancy - because I am afraid you will have to prove it.

Bolt1977

We have asked for the reason in writing, but if we get it is another matter? It was clear from the telephone conversation that that was the only reason as the person basically said our pregnancy does not fit with their plans?!

Bolt1977

Forgot to say there was also a health and safety questionnaire in with the contract which states that the reason for it's inclusion is "the information given in this form will be processed only by xxxxx xxxxx for the purpose of considering your application for employment." and one of the questions is "are you pregnant" again my wife signed, dated and retuned the form.
This job was an office based job with no manual labour involved so not sure this is a valid h&s question?

SarEl

Yes it is a valid H&S question. Your issue is going to be proving what you are saying. Even after a contract is signed it is pretty meaningless - an offer can be withdrawn and the worst consequence for the employer is having to pay notice for any period which falls within the expecated working days. The employer has a myriad of reasons they could give, all of which would be lawful. And they can deny knowing she was pregnant. To be perfectly frank, I think you need legal advice. Not least because they won't take you seriously until a solcitors letter lands on their desk.

Jarndyce

I doubt they'll be stupid enough to admit it in writing (much as I hope they do). It's one of those areas where the law is fine in principle but can be toothless in practice - the burden of proof being on you to demonstrate that discrimination has occurred.

And yes, asking recruits if they are pregnant (once recruited) can in fact be a requirement as the employer has certain obligations eg risk assessments towards pregnant women. Even office jobs can have their hazards.

Bolt1977

Yes I understand when you are employed then it does become a valid h&s question but as part of the recruitment process? I'm not sure they should be asking the question?
Again I appreciate everyone who has taken the time to answer, and I agree I may need to seek legal advice!

SarEl

An employee who is pregnant must have a risk assessment - it is therefore a vaild question.

Bolt1977

Yes if she is employed by the company, and i can only assume that the company do not see her as being employed as they have said they are removing the offer not terminating the contract.

I guess what I'm trying to say is if they are withdrawing the offer she is obviously not employed and hence they shouldn't be asking the question.
If she was employed then yes it becomes a valid question but they can't sack you for being pregnant?

KiKi

Bolt1977 wrote: »

but they can't sack you for being pregnant?

They can sack you for being pregnant - but it's unlawful to do so.

As SarEl has stated, your problem is in proving it. She (SarEl) has far more experience than me, but I'm wondering if you can play the game here a little bit with the employer (although perhaps SarEl would have a view on whether this is a good idea or not...!).

If you are meeting with them next week, you *could* play all innocent, start by saying you just wanted to meet to understand how their plans don't fit with pregnancy etc, and if there's anything you can do to make it so that the pregnancy doesn't create problems for the business. (Effectively get them to admit it that the withdrawal is due to her being pregnant.)

However, that's a risky game to play, and might not be appropriate if your wife's stress levels are already high.

Plus, they may come into the meeting with a different idea, prepared to offer her the job back again (if they've taken legal advice) - although whether you'd even want to work for them now is another matter.

Either way - and I totally understand that finances are a concern - you have a baby on the way, and particularly given the previous seven miscarriages that is a wonderful thing; no money or job in the world is worth the stress or the hassle compared to the fabulousness of having your child! If you don't want the stress of a fight, then screw the job and the company, and focus on your wonderful little baby.

KiKi

SarEl

I would have to agree with Kiki, much as I would like not to! I am only too aware of how stressful taking on a tribunal / employment battle is, and that is with the support of a barrister and (usually) a plethora of union officials. Given your wifes history, it isn't one that I would recommend. A solicitor may shake loose some compensation if they sound scary enough. But finances can be juggled and stretched, no matter how hard it may be. Pregnancies can't. Her health is the most important thing and tribunals are not healthy places. I don't want to discourage you from that route - but be aware of what you are getting in to.