Work | Redundancy | Pregnancy: What are my rights?

[PepperPuffs]

I have worked at my current company for over 2 years now. I am pregnant and due in a few months. The company has informed me that I am at risk of redundancy along with the rest of my team.
Now for context, earlier in the year, the company split the team into 2 citing that the "new" team (of which I am a part) would be more focused on new AI-centric projects, while the old team would carry on finishing off existing projects. We were told to skill up on AI as best we could, which I've been doing.
However, there are still people in the old team that share my job title that aren't being made redundant.
Individual consultations have yet to begin, but so far, I have been advised by senior management that there will be a handful of new roles advertised but I would have to apply for these and wouldn't necessarily get any "special treatment" because of my pregnancy. My understanding is that according to ACAS, I should be offered a suitable role as I am a protected person. One of the potential roles is very similar to what I currently do, and another is more AI-centric (I have some certification, but not much experience)
So a few questions here:
One, do I have to compete by applying for a new role in my condition or should they offer me a role automatically?
Secondly, can the company make one team redundant when there is technically another team still doing the same job?
Depending on how long the consultation lasts, I may be on maternity leave before it's concluded. Could I be made redundant while on leave?

Would appreciate insights from any experts in employment law or maternity rights to shed light on any of these questions! Thanks 🙏

Look up Pregnant then Screwed. They’ll be able to give you the right advice.

1. The law changed last year - you should be offered a role automatically... https://www.acas.org.uk/redundancy-protection-for-pregnancy-and-new-parents
2. This one is more complicated, but the starting point would have to be that you ask the question of the employer if you think the redundancy pool should be different.
3. With the rider that you should be offered suitable alternative employment if it is available (see above) then it is theoretically possible to make someone redundant whilst on maternity leave if there is absolutely no other choice. It rarely happens because there are often other choices, but that doesn't mean it can't. In the circumstances you decsribe it would be risky for the employer to go down that route I think.

I have been advised by senior management that there will be a handful of new roles advertised but I would have to apply for these and wouldn't necessarily get any "special treatment" because of my pregnancy

You might want to advise seior management that that would be unlawful discrimination.

The obligation to offer is where there is a suitable alternative role so challenge in consultation why they don't believe it to be suitable, your rights to redeployment exist in pregnancy since last year.

Agree with above consultation allows you to challenge the business case and whether there are other other interchangeable roles that should be included, but as they're not pooling you for selection purposes there's little benefit to pulling others into it but potentially demonstrates a flawed process should you need it.

Pregnant then screwed and maternity action offer good support/resources

One, do I have to compete by applying for a new role in my condition or should they offer me a role automatically?

As a previous poster says, the law has changed. It used to be the case that pregnancy did not give you as much protection, but now it is clear that you must be offered any suitable role. They cannot make you compete with others for these roles. If you want one of them, it is yours.

Secondly, can the company make one team redundant when there is technically another team still doing the same job?

Yes.

Depending on how long the consultation lasts, I may be on maternity leave before it's concluded. Could I be made redundant while on leave?

Yes, but the same protection applies - if there is a suitable alternative role they must offer it to you.

Thank you so much for your clearly outlined input.
My desired outcome is to be redeployed (preferably to the AI role) so I'll be taking this info with me into my individual consultation.
Can I request a specific role to be offered or is it up to the company?

You can request anything you like, but it is the employers decision in the end. A suitable alternative role can be a complicated legal definition in itself. Technically it means a role of similar responsibility with the same or similar terms and conditions. In this case, if some jobs within the team continue to exist, then it probably would mean one of those continuing roles. It's not always as easy as that, so perhaps better to deal with this in steps. Sort their errors in the process first, request or express and interest in specific roles if that is what you want to do (but accept it isn't up to you), and then if things aren't working out, come back. There's no point trying to outline all the complexities and possibilities if it all goes smoothly. It just gives you more to worry about, without adding anything to what is happening right now. Focus on the now and deal with problems if they arise.

Hey, everyone. So an update here - still in the thick of the consultation process, but I have made my concerns known about the process. I was asked to signal interest in any roles from among the new roles which were advertised. I have now been invited to an interview next week for one of the roles - the AI role I was eyeing, which is the most closely aligned alternative to my current role. However, HR have still yet to clarify what the selection process for me in particular looks like (specifically if I am required to interview for an alternative role) and I haven't been made any offers of any roles. While I'm happy to be considered for this role, I would obviously not have to go through an interview if I didn't need to. Any advice please?

If the role is a reasonable match for your skills and abilities, is similar to your current job and the terms and pay are similar, the job is yours unless there are other employees who are pregnant or on maternity leave for whom this classifies as a suitable alternative and there are more such employees than posts available. They can still interview you but, unless they can argue that the role is not a reasonable match or there are other protected employees wanting the role, they cannot put you through a selection process.