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Can an employer withdraw a job offer if it subsequently discovers that the successful candidate is pregnant?

Withdrawing a job offer because a candidate is pregnant is unlawful pregnancy and maternity discrimination, including for fixed-term roles.

by The Brightmine Editorial Team

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No, withdrawing a job offer because a potential employee is pregnant constitutes pregnancy and maternity discrimination contrary to the Equality Act 2010. This is the case even if the position for which they are applying is for a fixed term and they will not be able to see the term through, for example if the position is to cover someone else’s maternity leave.

There is no obligation on a job applicant to disclose their pregnancy to a potential employer at the interview, or before accepting the post.

Where the successful candidate has already accepted the job offer, withdrawing it at this stage would amount not only to pregnancy and maternity discrimination, but also to a breach of contract, and could give rise to a claim for automatic unfair dismissal (employees do not require any qualifying period of service to claim unfair dismissal where the reason for dismissal is pregnancy).

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The Brightmine Editorial Team

Our in-house team of HR and employment law experts continuously monitors and updates the Brightmine HR & Compliance Centre, providing practical, reliable guidance to help HR professionals stay on top of changing employment law and workplace issues.

With extensive experience across employment law, HR practice, research and legal publishing, the team includes former employment solicitors, experienced legal editors, HR practitioners and CIPD professionals. Many of our experts have spent more than 15 years working in their specialist fields, bringing practical experience and in-depth knowledge to the content they create.

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