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Any idea of my rights re pregnancy and redundancy??

2 replies

InMyPrime · 02/04/2011 13:42

I think my employer might be initiating redundancy proceedings against me and I'm pregnant. I haven't had anything in writing yet about this but the director of the company has set up a meeting with me and the HR rep for Thursday of next week and the company does have a voluntary redundancy programme in place at the moment as part of cost-cutting measures. The only other person this has happened to in the group is on their third warning and was obliged to work reduced hours as a result. There have been rumours in the office and people talking about how 'she (I think, me) was got in to generate income and hasn't done so we'll get someone else in' and other casual talk about getting rid of people who don't perform. The context is that the company underwent one redundancy round last year and a number of people took the voluntary option. In the meantime a number of people have been hired which makes me question the validity of the cost-cutting measures and there is no hiring freeze or pay freeze in place. In fact I got a pay rise last year and have had nothing but positive appraisals. I've been working there 4.5 years. Some of these jobs were jobs I could have applied for if I'd known my job was under threat before I was pregnant. As it is now, I feel my employer is consigning me to the scrapheap and 6 months - 1 year loss of earnings if I'm made redundant while pregnant.

Anyway the main thing is that I'm very worried about this meeting on Thursday. This is a stressful time for me as I'm 14 weeks pregnant and had a previous pregnancy loss (MMC at 11+5 in August 2010) while working in this job. My sick leave was handled badly and people gossiped about my health problems at the time. One woman said if I'd had a miscarriage I should just 'get over it'. Admittedly I didn't put in a formal grievance against anyone as it's not my style but I did raise the issue with my line manager. I am worried sick about the pregnancy and the stress affecting the baby. I really don't want to lose this pregnancy as well. I notified my work on Friday, informally by e-mail that I was pregnant and then followed up with a letter to outline my estimated maternity leave dates as I had had good medical results back for the Downs tests etc (done privately to get results more quickly). The meeting on Thursday was set up the same day I notified them of my pregnancy. I mentioned to the director in person that I am pregnant and he started going on about restructuring and cost-cutting and how our team was under review. To me, regardless of the outcome of the meeting on Thursday, I am incredibly upset about this and about the director causing me stress at this time when I have other worries on my mind. I feel really angry but am scared to get too upset or fight my corner with them as I don't want to damage my health or my baby's health Sad

Is anyone out there an employment law boffin who can help advise me on where I stand?

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flowery · 02/04/2011 14:25

I think you are getting ahead of yourself slightly. You may be right but if I'm reading correctly all you have at the moment is a meeting on Thursday with the director and HR. Everything else seems to be you worrying about what it might be, assuming you know what it is, and assuming it's because of your pregnancy. You say you are angry at the director for causing you stress, but at the moment you don't know what the meeting is about.

Have you actually asked what the meeting is about? What were you told? If you haven't, before you get so angry, speak to either the director and/or your line manager and/or HR, say you are very worried about the meeting because you've heard rumours, and you don't want to be panicking for days, can they please tell you what the meeting is about.

In terms of your rights, your pregnancy doesn't actually make any difference to anything. If it's a genuine redundancy situation handled fairly, you don't have any extra protection. If all or part of the reason for your redundancy (assuming you are in fact going to be made redundant) is pregnancy, then that would be illegal discrimination.

If you are right, and if you are made redundant and if the redundancy is not genuine/a fair procedure isn't followed and/or you have good reason to believe your pregnancy is all/part of the reason for it, then yes that would be unfair and something you could do something about. But that's a lot of 'if's and I think at the moment the priority has to be finding out what the meeting is actually in reference to.

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hairylights · 02/04/2011 20:29

Just a quick correction. Employers dint "issue redundancy proceedings against" employees. They consider making posts redundant.

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