If you are pregnant or on maternity , does it make you protected from redundancy?

[suzilady]

A friend of mine has been told she is in a pool with 4 others. 2 of them are pregnant and the other 2 have been there over 10 years. She has been told that the 2 that are pregnant are "protected" and will be going on maternity. Can I please ask if this is within the law? or as a company, can they make their own rules up . Tia

Sorry just to clarify, my friend is not pregnant but has been there longer than the 2 that are pregnant.

I dont think they have extra protection if pregnant but they do if they are on maternity leave

I’m afraid I have no idea of the legalities of it, but a relative of mine has just been made redundant, and she’s into her eighth month of maternity leave, so I suppose it must be possible.

As far as I’m aware you can make someone redundant while pregnant or on maternity leave, but you can’t make them redundant for being pregnant. The employers are probably worried about being accused of only making them redundant because of the pregnancy, and don’t want to go through the hassle of a potential lawsuit.

I was made redundant whilst pregnant so it is possible. I think if they are considering redeploying the staff at risk of redundancy into other roles in the business they need to prioritise the pregnant women, but it dies not protect them from redundancy.

I think it depends. Making only one person redundant if that person is pregnant or on maternity is pretty dicey, from an HR perspective.

However if half the department are being made redundant, it would be difficult to say that this person is being discriminated against.

maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

There are 5 position now (all same job roles), which is being reduced to 4.

You can be made redundant during pregnancy.

You cannot however be made redundant because of pregnancy.

So the redundancy criteria need to be made clear, and applied fairly and transparently.

Those who are pregnant/on maternity leave, if selected for redundancy, must be offered any suitable similar posts in the organisation. And under most circumstances they wil, stil, get maternity pay

maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

Thank you for your replies .....I am trying to find out if the company are within the law to say they are protecting the pregnant employees as it narrows the chances of my friend being selected if 2 of them are safe....and I do think its a case of them not wanting any claims against them by not selecting someone who is pregnant for redundancy.

those on maternity leave should get offered a position before others but I don't think that applies to those who are pregnant and not on leave yet. They can't be made redundant because they are pregnant though

It would seem like the company is doing it this way to avoid looking like they are discriminating and it is possible that one of the pregnant ladies could be made redundant.

I have been in a similar situation but it was the opposite of what you are saying here, where legally the company pulled out the whole team for consultation, instead of singling out people they wanted to make redundant as one of them was pregnant.

If it is as you say why would the company not just make the redundancy?

Thesnacklady They are in the process now....its at the final stages but the manager has stated that the pregnant are safe and I was just wondering if he was within the law to make that statement . It is looking like my friend is going to be the one chosen, as the criteria for selection is length of service and the other 2 in the pool have been there for years and if the 2 pregnant are "safe then it only leaves her....hence why I am trying to find out if it is within the law to state they are safe.