17 weeks pregnant and threat of redundancy

[KiwiKat]

We've been told today that three of us in the company will be made redundant, and the pool to choose from is quite small. Does being 17 weeks pregnant protect me in any way?

bump

Someone who knows loads about this will be along soon but as far as I can remember if you are on maternity leave they have to look for an alternative position on the same grade and salary for you before they can make you redundant.

Obviously if there isn't one then I think they can go ahead and make you redundant. I'm on m/l with threat of redundancy but as it's a whole organisation restructure I don't expect being on m/w will safeguard me in anway. If there is a post you could be redeployed to though you might be ok.

Ah, sorry, just realised you're not actually on m/l yet. I'm not sure that will protect you in that case.

You could go down the discrimination route but you are more protected if maternity leave has started (maybe you will be by the time the notice period is over?). I think most companies don't want to be seen to be making pregnant women redundant.

Thanks, Withorwithoutyou. From internet research last night, maternity cover protects you, but pregnancy doesn't. And if you're made redundant/fired before 25 weeks (I'm nearly 18 weeks), then you don't even qualify for SMP - I'm really hoping I've misunderstood this, so advice would be very welcome.

I'm not sure, Flowerybeanbag is probably the best person to help with this, she does normally post here a lot. You could always put a message out for her - possibly under employment rather than legal matters?

I'm sure lots of other people will have advice though.

Hi Kiwi, how are you doing? Sorry you're in this situation. You do have some enhanced protections. I've copied this from direct.gov website:

"It is automatically unfair and automatic sex discrimination for your employer to select you for redundancy or dismiss you for a reason connected with:
maternity leave
birth or pregnancy
paternity leave
parental leave
time off for dependants
Your employer can make you redundant while you are on maternity leave if they can fairly justify their choice. For example, your employer might close the section of their business that you normally work in and make all employees in that section redundant. Then your employer can make you redundant as well.
However, if your employer makes staff cuts across the company, they cannot make you redundant because you are on or are about to take maternity leave.
If you are made redundant whilst on maternity leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job. If you are offered a new job, you are still entitled to the four-week trial period, which should start when you return from maternity leave.
If you are made redundant or dismissed during your maternity leave your employer must give you a written statement explaining the reasons for their decision. You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them."

In practice, when I worked in HR, we did everything we possibly could to redeploy anyone who was pregnant as a priority. And remember it's the job that's redundant, not you as a person.

Kiwi, what's your notice period? The notice period would have to be taken into account in determining you right to SMP paid by your employer. So, IF you are selected for redundancy and you are 21 weeks pg at the time and you have 4 weeks notice, you would still get smp from your employer.

Another point about how these things work in practice is your employer would have to show very very clearly their reasons for selecting you and that's it's nothing to do with your pregnancy. How does your performance rate with your colleagues? How long have you been there?

Hi ILGH, nice to see you, although I wish it were under happier circumstances. Thanks for your advice - my notice period is 4 weeks, I've been here 5 1/2 years, and my performance is on par with my colleagues'. They've told us that if they don't get volunteers for reduncancy, they will choose themselves, they don't have to accept volunteers if they don't want to, and that the positions above mine are safe. One reason I think I would be targeted is that of the 6 people previously at my level, they've made 4 redundant in the last 18 months. So there are two of us remaining at that level who have our cards marked for that reason.

They showed us a chart of areas of competencies, which showed us being very heavy in the area that has traditionally been our strength, but which is now not providing the work as it once did. However, it's still what we're known for. We can see the way the cards are stacked, as one of their favourites has been included in the new area of competencies which they're trying to grow, even though she has only done one project so that's complete rubbish - but it certainly made us realise that each of us on that core list is vulnerable.

One of the three managers - ironically, a woman - HATES us being pregnant and taking time out for our children, and I'm fairly confident that my pregnancy has made me a very strong target, rather than offer any protection whatsoever.

And that's pretty much it in a nutshell!

Kiwi, if the worst happens and you are made redundant and your employment (including notice period) ends before you are 25 weeks, then you are right, you don't qualify for SMP.

However, you WILL be entitled to claim Maternity Allowance. This is claimed direct from the government (online, via a job centre etc) and is currently worth £124.88 per week for 39 weeks (this is the same as the lower rate of SMP, you just miss out of the 6 weeks at 90%). MA is not taxable (SMP is).

See Direct Gov

Whew!Thanks, Spilttheteaagain.

No problem, good luck!