Help! 13 weeks pregnant and at risk of redundancy

[AmelieBear]

Hi everyone,

I’ve just found out today my employer of 2 years has put my entire department (10 people including me) at risk of redundancy. Some jobs are being outsourced, but some are just having their tasks redistributed into new roles which we now have to apply for against external candidates. It’s a big company, part of a large group and my HR department knows I’m pregnant but I was waiting until next week to tell senior management.

My maternity leave was due to start in October and they have a great maternity leave package (10 weeks full pay and 10 weeks 50%) that will be a real blow to lose. And having a quick Google I’m now scared I will struggle to get a job elsewhere, while obviously pregnant, to get any SMP even. They only pay statutory redundancy.

I’m also terrified of going through the stress of job hunting, the stress of worrying about not finding anything and starting new jobs while pregnant.

What are my rights? What should I do? Has anybody been through similar or have any expertise in this area? My first plan is to make it common knowledge I am pregnant.

[worriedandannoyed]

I would give ACAS a call as they will be able to tell you where you stand legally

[VimFuego101]

I would talk to ACAS to make sure you're clear on what your rights are. Pregnantthenscrewed.com also has some helpful guides for this situation.

[user1471504747]

You can’t be made redundant because of your pregnancy, but you can still be made redundant despite of it.

If you have worked there for at least 2 years you will be entitled to statutory redundancy, and possibly enhanced depending on what your employers policy is. Based on being 13 weeks currently, you’ll still be entitled to SMP (as you’ll be employed in the 15th week of pregnancy).

Pregnant and screwed may be able to advice further, however the long and short of it is you’re not anymore protected from redundancy than anyone else, and you can’t be discriminated against because of your pregnancy. So if they say your pregnancy was a factor in your redundancy or not being successful in getting a role that would be discrimination.

[user1471504747]

Sorry just to add as well, the pregnancy discrimination extends to other job applications. You don’t have to declare your pregnancy at the point of application or interview so I wouldn’t, as it can be difficult to prove discrimination in interviewing and offers unless they outright say it’s because of pregnancy. If you then start a new job you just have to notify them at least 15 weeks before your due date.

[AmelieBear]

@user1471504747

You can’t be made redundant because of your pregnancy, but you can still be made redundant despite of it.

If you have worked there for at least 2 years you will be entitled to statutory redundancy, and possibly enhanced depending on what your employers policy is. Based on being 13 weeks currently, you’ll still be entitled to SMP (as you’ll be employed in the 15th week of pregnancy).

Pregnant and screwed may be able to advice further, however the long and short of it is you’re not anymore protected from redundancy than anyone else, and you can’t be discriminated against because of your pregnancy. So if they say your pregnancy was a factor in your redundancy or not being successful in getting a role that would be discrimination.

Actually you’re only entitled to SMP if you have been employed with an employer for 26 weeks continuing into the 15th week BEFORE the baby is due, so if I lose this job I could struggle to qualify for SMP at all with any employer.

Another thing that I should have mentioned earlier is they are terminating my employment 1 day before my 2 year anniversary, meaning I do not get statutory redundancy.

This is only 2 weeks away and I argued this is not my contractual 1 month’s notice, however they have said that they are giving notice on that day and my 1 month’s notice starts from then and even though I will still be working for them when I hit my 2 year work anniversary (the very next day!) I do not qualify.

[AmelieBear]

@user1471504747

Sorry just to add as well, the pregnancy discrimination extends to other job applications. You don’t have to declare your pregnancy at the point of application or interview so I wouldn’t, as it can be difficult to prove discrimination in interviewing and offers unless they outright say it’s because of pregnancy. If you then start a new job you just have to notify them at least 15 weeks before your due date.

What I do have in my favour is my role has been split between 2 jobs. The higher one only wants a qualification that I don’t have but am working towards otherwise I have done everything on the role. The lower role is below my level but I have done everything on it and am over qualified, it will be a pay cut but I have applied for that as well. It would be difficult for them to say I wasn’t able to do either job but particularly the second.

[Stopsnowing]

I would get legal advice on the way they are terminating you one day before the two years.

[rocketfromthecrypt]

Do you think you shouldn't be made redundant, and someone else should be instead?

They can't sack you BECAUSE you're pregnant, but being pregnant doesn't mean you're bullet proof.

[Crazylazydayz]

Talk to ACAS, just because they say they are terminating you 1 day before the 2 years doesn’t mean that is correct. Also, as you are pregnant you may be able to claim unfair dismissal on discrimination grounds as you can do this irrespective of how long you have worked for them.

[sazzt]

@AmelieBear it's worth getting some legal advice on that date and what constitutes 2 years. I work in HR and dealt with something similar on the cusp of 2 years. Legal advice was that 2 years would be the day before the anniversary as the each year the day before the anniversary is 365 days. When you hit the anniversary you are actually on 366 days.

[AmelieBear]

@rocketfromthecrypt

Do you think you shouldn't be made redundant, and someone else should be instead?

They can't sack you BECAUSE you're pregnant, but being pregnant doesn't mean you're bullet proof.

I carry the team at the minute, the person that knows how to do everything and has done everything. Not saying I’m bulletproof but I’m certainly in a strong position if they do not find me a new role yes

[AmelieBear]

@sazzt

@AmelieBear it's worth getting some legal advice on that date and what constitutes 2 years. I work in HR and dealt with something similar on the cusp of 2 years. Legal advice was that 2 years would be the day before the anniversary as the each year the day before the anniversary is 365 days. When you hit the anniversary you are actually on 366 days.

Yes I spoke to ACAS and they basically said they can’t do the 1 day thing. As I would have passed 2 years service within a statutory notice period of 1 week I am due statutory redundancy for 2 years. Keeping this one up my sleeve in case they try to say there is not a suitable role

[AmelieBear]

SAHMs in couples: how do you and partner arrange finances?

I’m 3 months pregnant and about to be made redundant (don’t worry, I’m getting legal advice) however talking to my partner and we’re thinking we should be ok for me to not go back to a new job until the little ones a year old. we’re considering how we can fairly divide money. I’ve never not had my own money before. Do you get an allowance? How much?

[AmelieBear]

@AmelieBear

SAHMs in couples: how do you and partner arrange finances?

I’m 3 months pregnant and about to be made redundant (don’t worry, I’m getting legal advice) however talking to my partner and we’re thinking we should be ok for me to not go back to a new job until the little ones a year old. we’re considering how we can fairly divide money. I’ve never not had my own money before. Do you get an allowance? How much?

Oops meant to post new thread!! Will do that now.