Possibly being made redundant before 15 weeks

(3 Posts)
cookiemonster100 Sun 10-Mar-13 19:37:14

Hi all,

I am after some advice. I have recently found out I am pregnant (IVF) which I am v happy about.
However whilst going through treatment I also found out after 5 years service they are merging two departments which we all know and have been advised there will a reduction in head count. They are looking to finalise the structure by beginning of April. We are yet to be advised on what the next steps look like I.e. redundancy / reapplying for roles.
My 15th week is in May, so if they let me go before then I am worried I am going to lose my enhanced maternity pay as well SMP. Is this right? If so is there any financial help available?
Also I am on 3 months notice, so do they have to give me 3 months notice to let me go? If so, then I go over my 15th week. What would I then be entitled to?
Anyone else been in this situation? If so how did you play this?
Any advice gratefully received.
Thanks for reading
X

Firstly - congratulations on your pregnancy!

I'd start with the official advice here: https://www.gov.uk/redundant-your-rights

As you are pregnant, your employer will have to work very hard to show that your pregnancy has not been a factor in any selection for redundancy.

Good luck :-)

muffymiffy Mon 18-Mar-13 11:49:41

You have quite a bit of legal protection as you are pregnant. Your employer would have to prove that your pregnancy was in no way a factor in any decision to make you redundant.

See this link from Acas www.acas.org.uk/media/pdf/r/f/Managing-redundancy-for-pregnant-employees-or-those-on-maternity-leave-accessible-version.pdf

Here's a useful summary:

unfavourable treatment of a woman because she is pregnant or on maternity leave is unlawful. This means a woman doesn’t have to compare her treatment with anyone else to show direct pregnancy and maternity discrimination.
• A woman on maternity leave has the right to return to the same job
before she left; an interim employee cannot be given her job even if
you think the person is a better employee.
• Selecting a woman for redundancy because of her pregnancy,
maternity leave or a related reason is automatically unfair dismissal
as well as being unlawful discrimination.
• Failure to consult a woman on maternity leave about possible
redundancy is likely to be unlawful discrimination.
• A woman made redundant while on maternity leave must be offered
any suitable alternative vacancy if you have one. She doesn’t need
to apply for it.
• Special provision for a woman in connection with pregnancy or
childbirth is not sex discrimination against a man provided that the
action you take does not go beyond what is necessary to rectify her
disadvantage. For example, health and safety laws provide for
special treatment.

Basically making you redundant because you are pregnant or on maternity leave is unlawful because it is discriminatory.

This link is also helpful. www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-managing-new-and-expectant-parents/managing-pregnant-women/redundancy-and-dismissal-during-pregnancy-and-maternity-leave/

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

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