MONEY MORAL DILEMMA. Should Ian hire a waitress who may want kids?

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  • ThinkingOfLinking
    ThinkingOfLinking Posts: 11,828 Forumite
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    isnt Maternity leave 9 months?

    Generally it is, yes. With all due respect, but if you're doing a job like waitressing, you probably cannot afford to take the full 6 months off. I know someone in retail who took only 4 months off as her OH was only able to work part time when his hours got cut.
  • essexgal
    essexgal Posts: 2,353 Forumite
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    edited 27 May 2009 at 9:29AM
    Unless he's got a crystal ball how can he tell if anyone's going to be a liability - apart from pregnancy, there's also paternity leave, long term sickness, stress, etc - and some people [STRIKE]lie[/STRIKE] exaggerate on C.V.s anyway.....

    If his business is so fragile, wouldn't he be better hiring two or more waitresses on a part-time basis - at least if one fell pregnant the other might be able to increase their hours slightly to cover, and might mean that he won't have to pay out so much maternity (not sure how many hours/ how much £ the thresholds are now....:confused:)

    Not everyone wants to start a family the moment they get married (we didn't - we had nine years of fun first...;)) - and then again not everyone gets married (or even has a partner) before getting pregnant.....

    essexgal
    ;)old enough to know better, young enough not to care;)
  • Dorrie
    Dorrie Posts: 66 Forumite
    First Anniversary Combo Breaker
    I don't think you should turn someone down for a job based on 'what if', as purplegaily said. After all, you have no idea what is going to happen. Not all women of child-bearing age and recently married actually want children or can have them.

    I married at 18 to a man of 20. A few years later we tried to have a baby but after a year, nothing had happened. He then died at the age of 24 from cancer. I remarried the following year and actually got a new job about 6 weeks before I got married. We did intend to start a family reasonably quickly but the worry was always there in the back of my mind - maybe I couldn't have children? After all, I had tried for a year. As it was, 8 months after we got married we decided to start trying for a family, and 18 months after we got married I had my first baby. But what if I couldn't have got pregnant? 19 years on I would probably still be working in the same job (local government). Should I have taken that job in the first place? Yes, why not? I had no way of knowing if I could get pregnant/carry a baby to term or even that my new husband could father a child. No-one knows what is going to happen.
  • People forget that an employer also has a duty of care to existing employees. If he made a decision knowing full well it could jepodise another employee's job he could be sued by the employee already on maternity leave.

    The maternity rules were brought in to protect the few from unscrupulous employers but, in the current climate, many small businesses can't afford to employ further staff to cover the 12 month maternity leave and it is putting huge stress on both employers and employees who have to cover this period. In the good times this may not have been as much of a problem but issues like this can now send smaller companies to the wall and then we all suffer.
  • quartile
    quartile Posts: 7 Forumite
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    There's no financial cost to Ian of maternity leave. As a small business he can reclaim 104.5% of the cost of statutory maternity leave back through NI. You can see this on the hmrc website.

    The only cost is of finding someone to cover.
  • essexgal
    essexgal Posts: 2,353 Forumite
    First Anniversary
    quartile wrote: »
    There's no financial cost to Ian of maternity leave. As a small business he can reclaim 104.5% of the cost of statutory maternity leave back through NI. You can see this on the hmrc website.

    The only cost is of finding someone to cover.

    Yes, and in a larger company the amount of NI due out would be more than the amount he will be deducting - but if the business is that small will his payments due out for NI be enough to deduct all the smp from? and how fast will HMCR pay him the difference.... we all know how quick they are at grabbing tax....and how slow on the refunds...

    essexgal
    ;)old enough to know better, young enough not to care;)
  • Mullhon2
    Mullhon2 Posts: 1,312 Forumite
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    I am also a 'woman of child bearing age' and do think that this is a very real issue. I have been married for three years and haven't had children. Not every woman wants to have children. As Dorrie said, not every couple can have them.
    I think if she is the best candidate for the job, he would damage the business not to employ her.
    Besides, I'm sure he will have done the whole 'where do you see yourself in five years' questioning. Did it involve her wanting to be a waitress for ever?
    ITV Winners Club Member (106)
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  • ThinkingOfLinking
    ThinkingOfLinking Posts: 11,828 Forumite
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    I know people choose not to have children or are unable to have them, but I think that wouldn't be appropriate to ask at interview; you may not know if you want them, and most people only find out they can't have children when they have been trying to get pregnant...
  • cozlw
    cozlw Posts: 55 Forumite
    First Post First Anniversary Combo Breaker
    Its a tough call... on the one hand she hasnt expressed any interest in having children but then being newly wed its likely that it could be on the cards. I can see Ian's dilemma but personally, I would still hire her. If she is a great worker then her personal circumstances shouldnt be an issue. Business could make an improvement. Anyone can have issues that interfere with work, whether they are male or female so this shouldnt be held against her. If he has any doubts, he could instil a probationary period to cover his back for a few months?
  • squidworth
    squidworth Posts: 170 Forumite
    I'm a normal white male so at an obvious disadvantage already...

    Ouch - isn't this now against the law....

    I know that Ian doesn't have to tell anyone his decisions, but if he can't justify why he took someone else on over Diane if she is the best person for the job - then he could end up in legal hot stew (unlikely, but could happen).

    In this day and age, you need to be able to justify the reason why you didn't hire - the old guy, the black lady, the teenager, the woman of child bearing age, the person with the speech impediment.........

    Or, he could employ Frank - the big butch chap, who then breaks his leg playing rugby at the weekend, and can't work for months - or Tony, the caring sharing hubby, who wants to take Maternity leave for his family - when his wife has their first child (in 6 weeks!!)

    I understand business isn't easy, but you can't make decisions on the what if.
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