Redundancy whilst pregnant - advice needed please.

(7 Posts)
LadyGoodman Wed 23-Oct-13 18:55:30

They can make you redundant if you are pg the need to positively discriminate ie offer u an alternative position if there is a vacancy is only if u on mat leave not while pg.

dontsufferfools Wed 23-Oct-13 18:52:04

I was told by my employer that they legally could not make me redundant when I went through this very thing a year ago.

I was subsequently redeployed to another position.

I wasn't even advised of the redundancy package as they were adamant that it wasn't going to happen.

WorryWarm Wed 23-Oct-13 18:44:05

Bumping this - is that correct, about having to positively discriminate a pregnant woman under risk of redundancy, if there is another role?

I have spoken to Maternity Action and a legal advisor and none have mentioned this

Spudoolickay Wed 03-Apr-13 14:34:34

Hi sunflowerlady sorry to hear about your situation - I'm in exactly the same one with our 30-day consultation just started. Just wondered how did it turn out for you?

I am getting very mixed responses from HR about the SMP/OMP situation. I am 27weeks pregnant and was due to go off on mat leave at 39weeks (which will still be within my 'notice' period if I am made redundant).

Edma Tue 26-Feb-13 21:05:00

Is this a big company? It happened to me 2 years ago and I ended up getting 2 years salary in compensation. I took a lawyer (my company actually asked me to and they ended up paying for it). Basically they were terrified that me being pregnant could have been perceived as being the reason why I was being made redundant.

muffymiffy Tue 26-Feb-13 20:58:39

Are there any jobs going elsewhere in your company? If so, your employer has an obligation to positively discriminate in your favour - ie if you and all your other colleagues in your department are qualified, they should give you the job.

It is illegal to make someone redundant because they are pregnant as it is discriminatory. While the fact that your entire department is on 2 months notice means that making your role redundant is not discriminatory, if there are other jobs in the company that you could do, they are obliged to offer you them.

In terms of maternity pay, you should look at the direct gov website (https://www.gov.uk/statutory-maternity-pay/eligibility) - this is what it says:

To qualify for Statutory Maternity Pay (SMP) you must:

have worked for your employer for at least 26 weeks up to the 15th week before the expected week of childbirth - known as the ‘qualifying week’
earn on average at least £107 a week
give the correct notice
give proof you’re pregnant

Statutory Maternity Pay is paid for up to 39 weeks, usually as follows:

the first 6 weeks - 90% of your average weekly earnings (AWE) before tax
the next 33 weeks - £135.45 or 90% of your AWE (whichever is lower)
You can’t get less than the statutory amount but you can get more if your company has a maternity scheme.

Hope this helps

I have just found out that my whole department is being made redundant.
We are about to enter a 30 day consultation period and after that I am on two months notice, this will bring me to within 15 weeks of my baby's due date. Providing they don't invent any loopholes, I should qualify for SMP but can anybody tell me if this will be 6 weeks at 90% and then 33 weeks at SMP? I am unsure if the 6 weeks at 90% is classed as SMP legally? To me it's a lot of money and would like to know if there is any reason why they don't have to pay it.
Also if they say they will pay my SMP as one lump sum would i not be worse of on Tax and NI? Can I insist they pay it monthly as normal?
I've got a 1-1 with HR soon and would like to be forewarned and forearmed!! Thanks to anyone who can help me!

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