Can You Go Through An Application Process And Attend An Interview If You Know That You Are Pregnant?
Copyright (c) 2012 Robert Gray
As an employee who discovers they are pregnant you have several rights and obligations in law regarding when to tell your employer about your pregnancy, entitlement to time off work, and entitlement to maternity pay.
However, if you are going through the interview or application process with a potential new employer and discover that you are in the early stages of pregnancy you may be in a dilemma about your legal and moral obligations to inform your potential new employer about your pregnancy.
You may feel that morally you should be open and up front with your potential new employer from the outset and inform them as soon as possible about your pregnancy. After all, you will require time off to attend medical appointment and, in time, will be needing time off to have your baby and look after your baby. However, legally you are not obliged to inform your potential employer of the news of your newly found pregnancy. In fact, whether you are a new employee or have been working for the same company for many years you are not legally required to inform your employer of your pregnancy until the 15th week before your baby is due to be born.
You will need to give careful consideration to the decision you make and weigh up the practicalities (from both sides) of telling or not telling your potential new employer about your pregnancy. You are within your rights to continue with the interview process without informing the interviewer about your pregnancy and if you are offered the job, you are within your rights to accept the job without informing your employer that you are pregnant (presuming you have not yet reached the stage where you have 15 weeks or less left before your baby's due date).
If a prospective employer has offered you an interview and you respond accepting the invitation to interview and also, out of courtesy, advising them of your pregnancy, your potential employer cannot refuse to go ahead with the interview simply on the grounds that you are pregnant. There may be exceptions to this rule, depending on the type of job you are applying for, but generally if your potential employer refuses to interview you simply because you are pregnant you may be entitled to take legal action against them.
Different kinds of jobs carry different types of risk and if you are likely to put yourself in danger of harming your unborn baby by taking the job, it would be unadvisable to go ahead with the interview process and potentially taking up the new position. In addition, if you inform your potential new employer that you are pregnant and they can show that the job you are applying for would be dangerous to carry out if pregnant then they may be within their rights to cease to continue with the interview process.
In summary, you should carefully consider your options when going through the application and interview process with regards to informing your potential new employer about your pregnancy. Whilst you may feel that you have a moral obligation to put your potential new employer in the picture, you need to be aware of your rights and unless you are 15 weeks or less away from giving birth you are not legally obliged to inform your employer, new or otherwise, about your pregnancy.
About the Author
If you need advice about an Employment Compromise Agreement please visit http://www.grayhooperholt.co.uk/employment-solicitor/employment-compromise-agreements.html
Looking for Employment Law Solicitors then visit http://www.grayhooperholt.co.uk/employment-solicitor/employment-law-solicitors.html
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