# Pregnant after accepting job offer



## miksa (Jan 22, 2016)

Hi All, 

I accepted a job offer in London in early November 2015. The plan was to come to UK on a Tier 2 General Visa with my husband. My employer gave me a tentative start date as the first week of March 2016. I have recently been issued my CoS after the RLM and other procedures were completed. I have already started my visa application here and hope to receive the visa by the end of this month. 

About a month ago, I found out that I was pregnant. It came as a complete surprise and I'm still trying to find a way to balance the pregnancy, the new job, the move etc. I was wondering if someone could clarify a few points for me. 

1. I understand that I'll be entitled to maternity leave as long as I tell my employer about 4 months in advance of the due date. However, I am probably not entitled to maternity pay as I would not have spent enough time at the Company to be eligible for it. Is this correct? I have started my financial planning assuming that I'll most likely be on unpaid maternity leave. 

2. Provided that I have paid the Immigration Health Surcharge I will be entitled to the full range of NHS services as a citizen or permanent resident during my stay in UK. Is this correct? Is maternity, delivery and antenatal appointments covered under NHS services? Is there a qualifying period, i.e. a certain amount of time I should have lived in the UK, before I can use the NHS services?

3. If I tell my employer now about my pregnancy, can they withdraw their offer? I want to do this as professionally as I can. I'm leaning towards telling them before I join so that they are aware and my department can plan ahead as needed. However, I'm afraid that since I'm not yet in the UK and have not joined, they might just decided to withdraw. Can they do that? I have signed and accepted their offer letter and my visa is currently being processed. 

I appreciate any and all help you can provide me. We are excited about the move but I don't want to start my new job on the wrong note. 

Thank you very much, 

Miksa


----------



## Joppa (Sep 7, 2009)

Slightly complicated situation but let's try to unravel it.
#1 You have to give the statutory notice., which is at least 15 weeks before you are due to give birth. Eligibility for Company Sick Pay Scheme depends on the scheme rules. To be eligible for Statutory Maternity Pay, you must have worked for them at least 26 weeks before qualifying week, 15 weeks before due date. If you don't get SMP, you may be eligible for maternity allowance, eligibility for which is you must have worked at least 26 weeks (for any employer in UK) during the 66 weeks before due date, but not necessarily continuously.
#2 Yes, you should be eligible for prenatal, birth and postnatal care under NHS. 
#3 They are not allowed to withdraw their offer on account of your pregnancy - that's against the law. Just give them statutory notice when you have to and they will have to comply with the law. 

Before you do anything, have a word with employment lawyer in UK - you can usually get free initial advice free.


----------



## miksa (Jan 22, 2016)

Joppa said:


> Slightly complicated situation but let's try to unravel it.
> #1 You have to give the statutory notice., which is at least 15 weeks before you are due to give birth. Eligibility for Company Sick Pay Scheme depends on the scheme rules. To be eligible for Statutory Maternity Pay, you must have worked for them at least 26 weeks before qualifying week, 15 weeks before due date. If you don't get SMP, you may be eligible for maternity allowance, eligibility for which is you must have worked at least 26 weeks (for any employer in UK) during the 66 weeks before due date, but not necessarily continuously.
> #2 Yes, you should be eligible for prenatal, birth and postnatal care under NHS.
> #3 They are not allowed to withdraw their offer on account of your pregnancy - that's against the law. Just give them statutory notice when you have to and they will have to comply with the law.
> ...


Thank you very much, Joppa. I went through my contract once again and it looks like I most likely will not be eligible for maternity pay per Company policy. That's okay though. I can plan ahead for that. 

That's great news about the NHS. That would have worried me more than losing out on maternity benefits at work. 

Do you know of any reputable employment lawyers in the UK I could contact? 

Thanks again!


----------



## Crawford (Jan 23, 2011)

I must admit I am wondering how you are going to support yourself and husband when you leave work for your pregnancy.

From what you have said you will be 3 to 4 months pregnant when you enter the UK to start your new job. Assuming that you will be delivering late August/early September you have probably about 5 months working in your new job before the birth.

At this point your company is not going to continue paying your salary and you won't have maternity pay.

Unless you are going to do a Marissa Mayer of Yahoo and go back to work 2 weeks after the birth you might be off for another 2 to 3 months.

I'm going to be devil's advocate here but the Tier 2 visa was issued on the understanding that the applicant was going to be working at such and such a role with the corresponding salary to comply with Tier 2 regulations. 

Since this is now not going to be the case (ie applicant may/will not be working at such and such a job as expected at time of offer and income may/will not be as stated due to not being paid for a number of months) there could be a case for mis-representation at time of application.


----------



## Joppa (Sep 7, 2009)

No, UK anti-discrimination law protects her and other similar applicants. Employer just has to accept the situation and make suitable arrangement without breaking the law.


----------



## miksa (Jan 22, 2016)

Crawford said:


> I must admit I am wondering how you are going to support yourself and husband when you leave work for your pregnancy.
> 
> From what you have said you will be 3 to 4 months pregnant when you enter the UK to start your new job. Assuming that you will be delivering late August/early September you have probably about 5 months working in your new job before the birth.
> 
> ...


Your point is valid and believe me, was one of the main things I was concerned about after I realised I was pregnant. Fortunately, my husband will be transferring within his current firm to London, so one of us will be working during that period. In the worst case scenario, I do have a fair bit of savings at the moment that should more than cover the 2-3 months that I'll be on leave. 

I have absolutely no intention of doing a Marissa Mayer!:eyebrows: Maybe more of a Mark Zuckerberg... and then a couple of weeks more. 

Your third point was exactly what I was concerned about when I made my original post, but as Joppa and a few other reliable sources on the internet have pointed out, looks like I should be okay. 

Either way, I plan to tell them before I get to the UK. If this is an issue for my employer and they find ways to withdraw the offer on account of my pregnancy (or stating some other reason), I'd rather not work there anyway.


----------



## miksa (Jan 22, 2016)

Crawford said:


> there could be a case for mis-representation at time of application.


Just to clarify, I was not pregnant at the time of making the application, receiving the offer or accepting the offer. 

There was a period of time after accepting the offer when they were doing the background verification, RLM test etc. that I found out I was pregnant. 

If they are going to make a case of misrepresentation at the time of application, it would not be factually correct.


----------



## Joppa (Sep 7, 2009)

Even if you were pregnant at the time of job interview/selection process, you were not obliged to disclose it and had have no business even asking about it. While you may feel morally obliged to declare it, there is no law that compels you to and they can't even put a question about pregnancy and your future intentions about having a family. They will be breaking the 2010 Equality Act.


----------



## skyf (Mar 26, 2015)

It is a sensitive situation. UK Employers have to work within the Law. In this situation and not knowing details of the Post and size of Company, one can only guess the Employer may not be pleased, having invested time and probably arranging an induction Training programme, and then discover a position will not be filled as planned. Add to this the Future Employee has delayed passing on vital information, the Employer may well feel aggrieved and take a chance with the Law, purely on a cost angle.
To delay informing the Employer may not be wise!!


----------



## fergie (Oct 4, 2010)

Has the OP thought about returning to work after the baby, and the cost of child care, which is not free in fact is very expansive, unlike the NHS which is payed out of UK tax payers funds- so is not technically free either. Also does the new job have a probationary period, any unsuitability which can be proved not related to pregnancy, may lead to a full time contract not being offered, especially if it is not disclosed as early as possible, after employer has invested in training, induction etc.


----------



## skyf (Mar 26, 2015)

fergie said:


> Has the OP thought about returning to work after the baby, and the cost of child care, which is not free in fact is very expansive, unlike the NHS which is payed out of UK tax payers funds- so is not technically free either. Also does the new job have a probationary period, any unsuitability which can be proved not related to pregnancy, may lead to a full time contract not being offered, especially if it is not disclosed as early as possible, after employer has invested in training, induction etc.


Important and valid economic points. In terms of Contract, although OP states acceptance of Job Offer, has Employment Contract been signed and exchanged?
It is a Legal point, and could be argued the Offer constitutes a Contract. Something for the Lawyers to debate!!


----------



## MFahad (Jan 27, 2016)

miksa said:


> Hi All,
> 
> I accepted a job offer in London in early November 2015. The plan was to come to UK on a Tier 2 General Visa with my husband. My employer gave me a tentative start date as the first week of March 2016. I have recently been issued my CoS after the RLM and other procedures were completed. I have already started my visa application here and hope to receive the visa by the end of this month.
> 
> About a month ago, I found out that I was pregnant. It came as a complete surprise and I'm still trying to find a way to balance the pregnancy, the new job, the move etc. I was wondering if someone could clarify a few points for me.


Hi miksa,

I am exactly in the same situation as you are, that is to say getting pregnant after accepting the job offer and acquiring certificate of sponsorship.

I would really like to talk to you in personal so that I can sort out the situation for myself too.

Any help will be appreciated. Please if possible PM me.

Mfahad.


----------

