Boss asked me if I'm trying to get pregnant and now making me redundant

[GoldieNine]

Hello, any legal/practical advise would be really appreciated.

Name change because it's very private.

I am getting married in a few weeks time and actively trying to get pregnant. I am not pregnant (yet) and haven't discussed it with anyone at work due to fear of discrimination.

A few weeks ago my boss asked me - in front of several other colleagues - whether I was going to have a baby soon (we were discussing the wedding). I dodged the question as best as I could.

Today I have been told I am being made redundant due to cost cutting. I know it's definitely true that the company is in financial trouble. However, the notion that my colleagues will be able to absorb my work load is totally crazy. We are already overstretched. I don't know if anyone else is going.

Even if I can find a new job I am panicking at the thought of losing the chance of maternity pay. I'm on the older side to get pregnant so it's not something I can just 'push back'.

I have been in my current company for 10 years.

Does anybody have any advice for me? Is this discrimination? Or do I have no protection as I'm not pregnant?

Not sure if it's discrimination if the company is in financial trouble? And you're not actually pregnant so I can't see that they've done anything wrong.

If you’ve been there 10 years you’ll get a. Good pay out. Use that as a maternity pay when you fall pregnant. You aren’t protected or being discriminated against currently as you aren’t pregnant.

What is the criteria being used to select you/your role for redundancy? How many other roles are being made redundant? Are there opportunities for redeployment?

There may be discrimination. There may not. Impossible to to say based on the info you've shared.

How big is the company?

Was there any process to decide where redundancies would fall?

Are you in a Union?

There's some basic info on the CA site:

https://www.citizensadvice.org.uk/work/redundancy/check-your-rights-if-youre-made-redundant/

ACAS is worth a try too.

Not sure about the discrimination angle although it does sound like sexism to me as a layperson (does he ask the same questions of male staff?).

OP if it makes you feel any better, I got made redundant 1 week before I found out I was pregnant (due to company's financial difficulties they had to let go of all international staff), and things turned out ok! I managed to negotiate an extension on my final date (extra month) and then got a new job within a few weeks of my final day (so was only unemployed for a month). I'm due to start mat leave in August and I'll be on Stat Mat Allowance, but we've done our calculations and know we can make it work.

So long as you have savings and work in an industry where there's jobs available, you'll be fine. Just ensure that your partner is on the same page as you regarding trying to conceive and financials, and that he's keen to see you both as a financial unit and not going to leave you scrimping and saving whilst he lives a comfortable life. Ensure you have a joint bank account etc etc.

Best of luck!

Do you have proof that your boss asked about your reproductive plans?

If so then you should talk to acas and see what they say.

If you are chosen for redundancy because they think you might get pregnant, that is discrimination. If you are the only person being made redundant, you may have a case. However, if they have conducted a proper, fair selection process and decided to make you redundant, I'm afraid you don't have any comeback. The fact you think your colleagues won't be able to absorb your workload is irrelevant.

I saw this on maternityaction.Org.uk

There may be some circumstances in which you think that you have been discriminated against because your employer believed you were pregnant or assumed you were trying to get pregnant, for example, following a miscarriage or during fertility treatment. Protection from pregnancy discrimination in these circumstances is limited but you may be protected against sex discrimination and you should seek further advice.

Is anyone else being made redundant? Is anyone else young, female and about to get married (and who the boss has asked if they are about to get pregnant)? If not, they they have clearly singled you out.

If the company is in financial difficulties, to be honest I'd take the money and get out now, while they can still afford to pay redundancy. If the business goes under, then even if they make everyone redundant, they won't be able to pay it, so take what you can and go.

Then take them to court for discriminating against you for loss of earnings and statutory rights (pension, maternity pay entitlement etc).

If you answered yes to their question you may be protected. I would speak to Pregnant then Screwed

Some of the replies above are wrong.

Discrimination legislation protects you if you are perceived as having a protected characteristic, even if you aren't.

So a heterosexual mam who is discriminated against because he has a less macho personality and a homophobic boss discriminates against him because he thinks the employee is gay is still protected.

In this case you have been discriminated against because your boss thinks you are likely to get pregnant soon. A male employee who was planning a wedding soon would not have been treated in the same way.

I think there are a few issues to unpick

1. Is your redundancy fair or discriminatory. You need to look at how the selection process was applied and appeal if it appears to discriminate against you even if you are not actually pregnant now. Gather whatever emails or evidence you may have. Make notes of conversations and email them to your personal email address as a record. Ideally on the same day as they are held. Email yourself the conversation with your manager about plans to get pregnant ASAP.

Any additional discretionary payout they may give you would be tax free so if there is something dodgy going on, they may offer a lump sum of compensation even if they don't admit guilt.

1. Maternity leave - you will be eligible for leave regardless of how long you have been with an employer. (It can be very awkward if it's a new job admittedly but you don't know how long it will take you to get pregnant so I wouldn't change any plansbto conceive due to that).

1. Maternity pay - you will be eligible for statutory pay unless you literally start a job when pregnant or within a couple of weeks of starting (very approximate -look online for the exact calculations). If you don't get smp then you will likely be eligible for maternity allowances which is largely similar to smp. There are employment criteria but you will probably meet them if you conceive soon and have a complete employment history in the last 2 years .

Yes you are unlikely to get enhanced maternity pay but keep your redundancy settlement back for that.

Good luck

Hiya, OP. It just so happens we are running an online advice clinic at the moment where Maternity Action's volunteer employment lawyers will answer your pregnancy and work questions (for FREE!) - could be very useful for you? Head here to take a look, and good luck with it all.

@KimMumsnet but that thread is closed and not accepting new posts. Can you add the OPs issue or is it too late?