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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Do you advise on employment law as fas as it relates to pregnancy

Customer Question

do you advise on employment law as fas as it relates to pregnancy ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
Customer: replied 1 year ago.
We are an entertainment company. We were in negotiation with an artist to be in a show. The contract went backwards and forwards. She then announced she was pregnant. We decided not to go ahead with the contract. It was never signed, and we withdraw from the deal. She is now claming we sacked her while she was pregnant. She had not even started working with us, and no contract was signed. Can she do this?
Expert:  Ben Jones replied 1 year ago.
Was pregnancy part of your decision not to engage her?
Customer: replied 1 year ago.
no, she was asking for contract terms that we could not agree to. Then she announced she was pregnant, and then the theatres we were planning to tour, pulled out as they did not like the adverse publicity. All this time, no contract was finally agreed, or signed . So we told her the deal was off.
Expert:  Ben Jones replied 1 year ago.
If she was not employed by you then she cannot claim dismissal. Whether she was actually employed would not necessarily depend on if there was a written and signed contract in place, but on whether the necessary elements of a contract were in place. These are an offer and acceptance and an intention to create legal relations. Whilst there may have been negotiations in place for the contract terms, an acceptance may never have taken place which means that no contract would have been created. This would have been a series of offers back and forth but if you never agreed to these terms then neither of you would have accepted the offer so no contract would have been created. As such she cannot claim dismissal. Saying that, she is still allowed to claim discrimination even if she was not employed by you. This is because prospective employees are also covered under discrimination laws. Therefore, if you decided not to offer her the job because she had become pregnant, then that would likely amount to unlawful discrimination. However, if your decision had nothing to do with her pregnancy and that was just an unfortunate coincidence, then she will not really be able to claim anything. Just have the necessary details to be able to justify why you decided not to take her on so that she cannot try and argue that it was to do with her pregnancy. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.