Is anybody able to help with this legal query on wrongful dismissal?

[rowingdowntheriver]

Hi, I'm pregnant and have recently been made redundant and am reasonably certain it was because I am pregnant.

For the purposes of the redundancy I was included as part of a team that I have not worked in for some time. That whole team has been made redundant. I queried why I was included as part of that team and they agreed I had pretty much moved away from that team however my new team will also b reviewed at some point.

I am not one of the weaker members of the new team, in fact have consistently been told I am one of the stronger people (and have had good appraisals / ratings / feedback to back that up). Nobody else in my new team has been made redundant.

I've been offered a redundancy package but I don't know if it is comparable to what I might get if I made a claim for wrongful dismissal.

As my baby is due in less than 8 weeks I am not sure if I am prepared to go through the stress of a tribunal but at the same time I feel angry at having been treats unfairly so worry that I will regret not making a stand at a later date.

Any advice would be gratefully received!

Many thanks.

And apologies for the spelling mistakes - am posting from my phone!

Bearing in mind it's the role that is made redundant, not the person, what was the reason given for the redundancy of this particular team?

How long have you worked there? If the case went to tribunal you could expect to get a week's salary for every year you have been there, this will allow you to compare whether the redundancy package is reasonable.

Were you planning to go back after maternity leave?

You have to put a formal greviance in first before you can go to tribunal.

Are they sacking you right now with no maternity pay/leave?

Legally it is up to them to proove they DIDN'T discriminate against you.

In the meantime you need to gather as much evidence as possible. Do all comms by email rather than phone so you have everything in writing. Take an independent witness into any meetings. Try to see if ex colleagues will back you up.

Also there is a strict timescale to go to tribunal so don't leave it long.

Number- she would get a lot more than that for a pregnancy dismissal!!

Thanks for the fast replies!

I'll try to answer the questions:

• I had been working on project roles in the time (as had one other person I believe) and the justification was that whilst they would like to, they can't afford to have a person doing projects at the moment.

• I've been with the company 7 1/2 years

• They have offered me 3 1/2 weeks pay per year. Not full pay though as my salary was split in to basic (c 2/3 of my total salary) and 'fixed allowance' (c 1/3 of my salary). They are only paying 3 1/2 weeks of my basic. I think this is standard going by previous redundancies and it is written in the company policy.

• They are paying my full maternity amount which is more than statutory as it is 12 weeks at 90% pay then SMP

Also Margery most people at the company I've spoken to are really surprised I'm going and have all either directly said or hinted that it must be because I am pregnant.

My old boss who is quite senior sent me an mail expressing his surprise and saying that 'what I have been told probably isn't the real reason ...'