Advice needed please

Topman9880

Hi all
Really looking for some advice here.
The background to the story: My partner worked for Evans Halshaw - The Carstore, about 2 weeks ago they company decided they were closing 24 out of 34 of the branches, hers being one. It had only been open since January, therefore everyone was made redundant, there last day was yesterday Friday 27th. My partner is almost 6 months pregnant, so this couldn't of really happened at a worse time. However she quickly applied for some jobs, had an interview at a smaller local garage group (6/7 branches) and got a new job offered on Friday 20th, in writing. Wanting to be honest she went in on the Sat 21st to tell them she was pregnant, the sales manager and general manager said this wouldn't affect anything (as it shouldn't) she agreed a start date of Oct 1st, was told she would get her company car on that date etc.

The last night around 5:30pm she gets an email from the director of the company, informing her that the person who offered the job didn't have the authority to offer her the job (bear in mind this was the sales manager and general manager, I work in a garage myself, these are the people who offer jobs) as the group was having recruitment freeze on sales executives due to 'tough times in the trade'. This I suppose is semi-believable, apart from the fact 2 of her ex-colleges and friends who were made redundant also, were both offered sales executive jobs with this group only yesterday.

I know it's not allowed to discriminate against pregnancy, so I was wondering what is the best course of action, as this is clearly the case. She has the job offer in an email, had sent documents, had agreed start date, she has even sold her current car to settle finance as was getting company car.

Any advice massively appreciated

Undervalued

Topman9880 wrote: »

Hi all
Really looking for some advice here.
The background to the story: My partner worked for Evans Halshaw - The Carstore, about 2 weeks ago they company decided they were closing 24 out of 34 of the branches, hers being one. It had only been open since January, therefore everyone was made redundant, there last day was yesterday Friday 27th. My partner is almost 6 months pregnant, so this couldn't of really happened at a worse time. However she quickly applied for some jobs, had an interview at a smaller local garage group (6/7 branches) and got a new job offered on Friday 20th, in writing. Wanting to be honest she went in on the Sat 21st to tell them she was pregnant, the sales manager and general manager said this wouldn't affect anything (as it shouldn't) she agreed a start date of Oct 1st, was told she would get her company car on that date etc.

The last night around 5:30pm she gets an email from the director of the company, informing her that the person who offered the job didn't have the authority to offer her the job (bear in mind this was the sales manager and general manager, I work in a garage myself, these are the people who offer jobs) as the group was having recruitment freeze on sales executives due to 'tough times in the trade'. This I suppose is semi-believable, apart from the fact 2 of her ex-colleges and friends who were made redundant also, were both offered sales executive jobs with this group only yesterday.

I know it's not allowed to discriminate against pregnancy, so I was wondering what is the best course of action, as this is clearly the case. She has the job offer in an email, had sent documents, had agreed start date, she has even sold her current car to settle finance as was getting company car.

Any advice massively appreciated

If that is the reason the offer was withdrawn then she would certainly have a valid claim against them. She should seek proper legal advice ASAP and before responding in any way.

However if they have some other valid reason to withdraw the offer there is little she can do. If a contract had been formed and a period of notice agreed (that doesn't have to be in writing although obviously hard to prove if it is not) then she is entitled to be paid for any days the notice extends beyond her start date.

It is unlikely she would have any claim for losses regarding the car etc. Had she started work he would have had no employment protection (apart from pregnancy etc) for two years so could have been lawfully sacked at any point.

Brynsam

Great. Just what you both need with a baby 3 months away.

As the post above suggests, this is certainly one where you need to take advice. Start with ACAS's free helpline to help get your thoughts in order (https://obs.acas.org.uk/Forms/Contact.aspx) and then see if a local solicitor will do either a free or fixed-fee consultation.

If she's nearly 6 months pregnant, wouldn't that have shown during her interview...? That may be one the potential employer comes back with if they want to claim it wasn't pregnancy related, but I suspect they will still have an uphill struggle to prove it.

Topman9880

Thank you for both your responses.

Undervalued - Thank you, that's defintely the real reason for it, like I mentioned, they blamed a 'recruitment freeze' yet they made 2 offers of employment for the same role yesterday. Definitely going to get some advice.

Brynsam - Thanks. No she is only small so doesn't have a huge bump, and admittedly she did wear some floaty so you couldn't tell, only because although you can't discriminate people clearly still do, so she just wanted a fair shot. Thanks for advice, really appreciate.

sammyjammy

Hmm interesting to know if they take anyone else on despite this so called recruitment freeze!

nicechap

Topman9880 wrote: »

Hi all
Really looking for some advice here.
The background to the story: My partner worked for Evans Halshaw - The Carstore, about 2 weeks ago they company decided they were closing 24 out of 34 of the branches, hers being one. It had only been open since January, therefore everyone was made redundant, there last day was yesterday Friday 27th. My partner is almost 6 months pregnant, so this couldn't of really happened at a worse time. However she quickly applied for some jobs, had an interview at a smaller local garage group (6/7 branches) and got a new job offered on Friday 20th, in writing. Wanting to be honest she went in on the Sat 21st to tell them she was pregnant, the sales manager and general manager said this wouldn't affect anything (as it shouldn't) she agreed a start date of Oct 1st, was told she would get her company car on that date etc.

The last night around 5:30pm she gets an email from the director of the company, informing her that the person who offered the job didn't have the authority to offer her the job (bear in mind this was the sales manager and general manager, I work in a garage myself, these are the people who offer jobs) as the group was having recruitment freeze on sales executives due to 'tough times in the trade'. This I suppose is semi-believable, apart from the fact 2 of her ex-colleges and friends who were made redundant also, were both offered sales executive jobs with this group only yesterday.

I know it's not allowed to discriminate against pregnancy, so I was wondering what is the best course of action, as this is clearly the case. She has the job offer in an email, had sent documents, had agreed start date, she has even sold her current car to settle finance as was getting company car.

Any advice massively appreciated

It certainly sounds like maternity discrimination, so do take legal advice and get evidence now of the other job offers (individuals have a habit of getting coy when asked to give evidence against their employer). Also, do you have evidence of the job offer withdrawal? If not write and ask them to confirm its withdrawal quoting the phone call and its date.

Taking them to a tribunal will be a long process but ultimately worthwhile.

Topman9880

Thanks Nicechap. She's just trying to get their offers of employment as like you say they might change tune.
Yeah got writing of the withdrawl offer, he never even had decency to call, the director whos she had never even met. Just put it in an email cowardly! Last thing on a Friday.

Blatchford

I do agree that you ought to take advice, and I also agree that the pregnancy is probably the cause of this withdrawal of the offer. But, I would suggest that you consider carefully whether legal action is the way you should go.

You say that the pregnancy is "clearly" the reason why the job was withdrawn. Well actually, no it isn't clear. "Clear" is a written statement saying that they didn't want to employ her because she is pregnant. Anything less than that is an opinion. It might be a correct opinion. It might be a good guess. But there is no evidence to support it, and none of your "evidence" is evidence.

For example, who has the authority to hire and fire at your garage is no evidence of who has the authority to hire and fire at another garage. The fact that two other people were subsequently hired (to do exactly the same job?) is not evidence of pregnancy discrimination - it could be evidence that people they interviewed at a later stage turned out to be much better candidates based on skills and experience, and so they decided to withdraw the offer based on that fact, and not on the pregnancy. You are reaching - what you think is "clearly the case" isn't evidenced, and whilst I think you are probably right, being right and being able to prove it are very different things.

On the other hand, you might want to consider what the consequences of legal action might be. Discrimination claims are hard to win and very stressful, something your wife will have to deal with whilst pregnant/ being a new mum. The legal system is unforgiving and "I'm pregnant / I'm coping with a new born" cuts no ice.

Despite headline figures, discrimination claims just don't net the kind of money that people think they do. Tribunals mainly recompense loss. What is her loss? She won't be entitled to SMP, so in a short period of time she would receive no wages or payments from the employer anyway (which is a pretty good argument for the employer to put to suggest they didn't discriminate, as they wouldn't have to pay for any maternity leave she took). So if she won, or was offered some kind of settlement, she can't expect much.

And I don't know what garages / car sales are like in your neck of the woods, but around where I am there are hundreds of them - and they still all know each other! If the word gets around that she is a litigator, then are you confident that this is going to be overlooked in the future when she wants a job? In my experience it's a small world and one where there are plenty of people chasing the jobs, so choice for the employers isn't an issue.

Topman9880

Thank you Blatchford - maybe what you say is the best advice. She still would of been employed for the next few month which would of been a huge help. Also they whole group was having a recruitment freeze yet they employed two people that same day.
Car garages here are as you say, so I know that is something to bear in mind.
As you seem to know what you're talking about would your advice be to take it on the chin or try and get advice?

Blatchford

Topman9880 wrote: »

Thank you Blatchford - maybe what you say is the best advice. She still would of been employed for the next few month which would of been a huge help. Also they whole group was having a recruitment freeze yet they employed two people that same day.
Car garages here are as you say, so I know that is something to bear in mind.
As you seem to know what you're talking about would your advice be to take it on the chin or try and get advice?

Given the circumstances I’d consider getting legal advice (not ACAS or the likes) provided it was free, and I’d advise against believing anyone who suggests you spend money on this without very good grounds to believe them. If it costs nothing, you have nothing to lose. But the balance may be the points I have put. If she never intends to work in the industry again, then a small settlement offer might be considered. But think £100’s not £1,000’s, so is that worth the risk? And that’s a serious question. Is it worth the risk? Because if you got a bit more, it’s still going to be a low amount. And it’s “if”. But if she wants to keep her options to return to the industry open, then I think I’d opt for lying through my teeth and sending a reply saying how very disappointed she is as they are obviously a good place to work, and she hopes that they’ll keep her in mind when the freeze is over as she’s keen to work for them. Because do keep in mind that she might want to apply there again. She certainly wants them to have no negative opinions about her. And also because it is just remotely possible that what I said is true or almost true - they might have found a couple of people that they thought were better candidates and were too chicken to say so. Regrettably, and it’s a fact no matter what the law says, that a factor in that “better candidate” field might have been that she’d be there a few weeks and then gone, and they wanted someone who was likely be around. But it may not have been the only factor.

Ja7188

Also they whole group was having a recruitment freeze yet they employed two people that same day.

Do you know that these two people are definitely starting and haven't also had their offers withdrawn?