Might be pregnant and made redundant at the same time

[WorriedAboutFuture1]

Hi everyone, NC as I want to keep some privacy. My employer of four years is going through redundancy now, and I thought my position was safe. However, I suddenly received an email from my manager yesterday for an ad-hoc meeting.

According to my colleagues, this is the tell-tell sign of being made redundant. The problem is that I will also have my blood test tomorrow to confirm if I am pregnant with my second child, so two things added together introduce massive anxiety. We have some savings, but I need more to last long if a baby is on the way. My partner is already maxed out (one full time job and one part time) won't be able to earn more.

I am looking for advice on how to best handle this situation and stay calm. Thank you so much.

That’s not true. You can still be made redundant- it just can’t be influenced by your pregnancy.

Definitely incorrect.

My role was put at risk of redundancy when I was pg with DS - it was not descrimination as parallel colleague was also put in same risk and made redundant a few weeks later.

But as I was pregnant they kept the role open for the entirety of my mat leave and paid mat pay etc with the idea being I would be offered any suitable roles that came up during that time. Which is was the correct thing for them to do. No role appeared and I was made redundant at the end of my leave and paid redundancy. Which turned out to be a good thing as it bought me time until oldest started school because 2 lots of childcare would have been 150% of my take home salary.

In your shoes I would let them know, as it does put you in a protected position. As has been said, it doesn't prevent redundancy but I think it may mean they can't make you redundant until or unless another role can't be found for you by the end of your leave.

@Apfelkuchen I was thinking the same, but that means, at the very beginning of our next meeting, I will need to tell him that I am pregnant (if it is the case). Awareness apart, my suspicion of the redundancy is because my project might not get funding. So will postpone the meeting change anything because my project is still not going to be funded. My manager doesn't particularly like me, so I am not sure if he will be empathetic.

You have to be offered "any suitable vacancy" in a redundancy situation as soon as you tell your employer you're pregnant. This is a new law that only came in in April this year.

So I'd email them now to tell them you're pregnant, to give them time to follow the correct process.

If they don't offer you a suitable alternative vacancy in a redundancy situation, it's automatically counted as unfair dismissal and you'll get compensation at a tribunal. Employers have to obey this or they are acting illegally.

I don't know when this happened to you, but the law changed in April this year. You now get extra protections against redundancy as soon as you tell your employer you're pregnant - rather than just while you're on mat leave.

Employers have to give pregnant employees first refusal of any suitable alternative vacancy/role in the new structure.

OP - you should tell your employer asap that you're pregnant. I'd email them tonight

@MsCactus and @dementedpixie

This is an important change. I no longer practice law, I am now just a mum. I say that for completeness. I was family and criminal Scotland. But do still continue volunteering support.

Anyway. I lost multiple pregnancies, into double figures. Do you know if that has been tested. In terms of the change as soon as employer is aware. So once I lost the baby does that then cease.

OP I apologise if this is inappropriate on your thread. I think you have opened up a good discussion on early pregnancy and employment redundancy type protection.

I'm sorry if I have misunderstood that. And I do wish you well.

@MsCactus - Thank you so much for the detailed information. What does 'suited vacancy' entail? Does it have to be the exact same job title in the same team?

@lmhj I think it depends how far along the pregnancy was

The redundancy protected period starts when an employee tells their employer that they are pregnant.

If an employee has a miscarriage within the first 24 weeks of pregnancy, the redundancy protected period ends 2 weeks from the end of the pregnancy.

If a child is stillborn after 24 weeks of pregnancy, the redundancy protected period ends 18 months from the date of the birth.

No, it could be a different role in a different team that may be suitable for you

@dementedpixie thank you.

@WorriedAboutFuture1 The Acas website has the details - but essentially it's ANY role in the restructure that you could reasonably do, as long as it's not worse than your current job (or less pay etc). It doesn't matter if another candidate is more qualified than you, you should get the role without an interview.

This is also from the Acas website about the time you're protected from redundancy:

From 6 April 2024 the redundancy protected period for pregnant employees or those taking maternity leave has been extended. Before this they were only protected while on maternity leave.

Employees who have not started their maternity leave and notified their employer of their pregnancy before 6 April 2024 are also protected. But they should tell their employer again. This can help make sure the employer is aware of their redundancy protection.

The redundancy protected period during pregnancy and maternity:

• starts when an employee tells their employer that they are pregnant
• ends 18 months from the exact date the baby is born

If an employee does not tell their employer the exact date, the protected period ends 18 months from the expected week of childbirth.

But two weeks versus eighteen months. Us women really don't get this easy do we.

Redundancy is about a post not a person. So you are made redundant because you post ceases to be needed in the organisation, nothing to do with YOU as a worker, your attendance, you performance, your predicted future attendance.

You can absolutely be made redundant while you are pregnant or on maternity leave, if YOUR post ceases to exist. However what they can't do make you redundant instead of someone else because you are pregnant.

So for example: a company has 6 employees -
1A + 1B - upper management
2A + 2B - middle management
3A + 3B- office floor
The company need to downsize so they give 1A+1B more responsibility and 3A+3B more responsibility and make 2A + 2B redundant.
If 2A is pregnant they it is absolutely legal to make her redundant. However if 3A is pregnant, they can't think well 3A is likely to be less reliable and cost them maternity leave, so they will offer 3A's role to 2A and make 3A redundant. 3As role still exists so 3A is not redundant and gets to keep the role.

@MsCactus - Thank you again for the link. My understanding is that even my manager informed me about the redundancy first i.e. tomorrow morning, I will still be protected if the pregnancy is confirmed in the afternoon. Does it sound correct?

I think Acas will be best placed to help you with this question. The website says you'll be protected as soon as you tell them you're pregnant, but as far as I'm aware you don't give your employer evidence of a pregnancy until 25 weeks (matB certificate) so if it were me I wouldnt wait for a blood test (have you done a urine test?) and I'd just tell them asap so you're protected.

Reviving this thread as I’m in a similar position and I wanted to know how this turned out? @WorriedAboutFuture1