Job offer received, contract signed now offer removed.

SHIPSHAPE

SarEl wrote: »

Shaky - can you prove that they have withdrawn the offer because of the pregnancy - because I am afraid you will have to prove it.

The OP already has a good claim, the prospective employer are already in breach of the Equality Act.

Further, the excuse when withdrawing the job offer along the lines of 'they won't fit in with their plans' is just not good enough.


The OP would have this accepted as a claim at an ET and the burden of proof switches to the employer.

SHIPSHAPE

OP, I would not let my wife work for this employer, her health comes first.

They have shown their true colours even before the first day of work. Are you planning on future children? Can you be sure this won't happen again in the future?

You have a valid cliam and could even be compensated for resigning from the old job should it be successful, amongst other claims.

Seek a good employment solicitor and check your home insurance for cover with DAS for employment/contractual disputes.

Uncertain

SHIPSHAPE wrote: »

OP, I would not let my wife work for this employer........

I thought we had moved on from the days of a wife being subservient to her husband?

SHIPSHAPE

Uncertain wrote: »

I thought we had moved on from the days of a wife being subservient to her husband?

How would not letting my wife work for a prospective employer who has breached employment laws even before beginning a job be anything other than having her best interests at heart?

I take it you are divorced?

SHIPSHAPE

Uncertain wrote: »

I thought we had moved on from the days of a wife being subservient to her husband?

Anything to have a dig I guess.

I have read your previous 'advice' on this thread which is absolute fuff.

Jarndyce

SHIPSHAPE wrote: »

OP, I would not let my wife work for this employer.....

Oh please.

Your attitude to women is about as laudable as your knowledge of the law, which is virtually non-existant.

The employer is not "already in breach of the Equality Act", they have taken action over which a claim may be brought to a tribunal which may result in a finding that discrmination on the grounds of pregnancy has taken place providing that the employee can provide enough evidence to suggest a prima facie case is made out sufficiently to shift the burden of proof to the employer who may or may not be able to prove they did not discriminate.

Long way between that and already being in breach of the Act.

Murtle

What a good turn around. I am with the if they can own up to the mistake and deal with it it's probably a good place to be, rather than a place where HR try to sweep stuff under the carpet. Sounds like MD panicked and didn't have the proper discussions.

Hope the conversation goes well today.

zzzLazyDaisy

I think the point being made is much more fundamental....

If my OH truly believed he had the 'right' to decide whether I can or cannot go to work, and if so which employer I can or cannot work for, he would very quickly be an EX-OH!

Regardless of what OP thinks is his wife's best interests, she is an adult in her own right and able to make those decisions for herself!

SHIPSHAPE

Jarndyce wrote: »

Oh please.

Your attitude to women is about as laudable as your knowledge of the law, which is virtually non-existant.

The employer is not "already in breach of the Equality Act", they have taken action over which a claim may be brought to a tribunal which may result in a finding that discrmination on the grounds of pregnancy has taken place providing that the employee can provide enough evidence to suggest a prima facie case is made out sufficiently to shift the burden of proof to the employer who may or may not be able to prove they did not discriminate.

Long way between that and already being in breach of the Act.

You have already been previously corrected on the law in this thread by member lazydazy.

The lady in question completed a form asking about a possible pregnancy whilst applying for a job, that is a breach of the Equality Act, black & white.

When finding out she was pregnant she told the propective employer.

Her job offer was then withdrawn with the only reason being '...they would not fit into the employers plans...'

Don't tell me this is not prima facie case.

You armchair 'lawyers' are a dangerous lot!:mad:

SHIPSHAPE

zzzLazyDaisy wrote: »

I think the point being made is much more fundamental....

If my OH truly believed he had the 'right' to decide whether I can or cannot go to work, and if so which employer I can or cannot work for, he would very quickly be an EX-OH!

Regardless of what OP thinks is his wife's best interests, she is an adult in her own right and able to make those decisions for herself!

Oh come off it!

Their is a difference between working for a pig of an employer and just working for an employer!