Redundancy and Maternity Benefits

[Syd]

I wondered whether anyone out there had any advice/experience about a work problem I've got. Work have told me, out of the blue, that they are making me redundant (if they can't find anything else for me which they don't reckon they can). That's bad enough but I'm 14 weeks pregnant with our 2nd child and intended to go on working as long as I could and then take my full maternity leave (13 weeks fully pay and up to 29 weeks off). I had spoken to a solicitor but am having trouble getting hold of her today and am anxious as have the pleasure of a follow up meeting with personnel tomorrow - who will by then know that I'm pregnant. All that and it's my birthday too (tomorrow)! Thanks for any advice.

Hi Syd, I can't offer you much advice I'm afraid but this website link below may be helpful to you.
www.dti.gov.uk/er/maternity.htm

Might be worth trying the Maternity Alliance on 020 7588 8582.

The solicitor has finally phoned. Basically I'm not far enough along in my pregnancy and they can make me redundant without any problem if the redundancy itself is justified. Essentially they'll say I can get another job despite being pregnant and that a future employer would be guilty of discrimination if they didn't give me a job cos of my pregnancy, if I was the best candidate.

It's the pits and made worse by the fact that I can't afford any undue stress - I've had lots of miscarriages and need to be calm and laid back all pregnancy!

Sorry you're having such a bad time Syd. Doesn't everything come at once! I know many maternity and redundancy rights hinge on how long you've been employed in your present job. I assume you've spoken to your solicitor about this.

It might be helpful to write down any questions you want to ask personnel at your meeting tomorrow - that may help take some of the stress out of the meeting. Also, I would suggest you are very guarded in your answers, and accept absolutely no responsibiolity for your redundancy especially if personnel are putting the meeting on record - looking to the future if you have a case against them.

Take care - and make this evening as full of treats and pampering as you can. You deserve it.

Syd

I was made redundant by a totally unscrupulous employer while I was on maternity leave with my first baby. I went to the CAB who were very helpful, so try them too. I would say however, that despite being told that I not only had a case for unfair dismissal but also sexual discrimination (which has no ceiling on compensation), I decided to just walk away, to avoid the stress that all of the legal proceedings would have brought.

I felt that with a 3 month old baby i was in no fit state to go ahead with it. Now though, every time I think about it or tell anyone about it I wish I could turn back the clock and sue the bastards!

There is one thing to cheer me up and that is that they recently lost their biggest client and are going under, I do believe in Karma!

Syd, if you get another with a new employer, you won't be entitled to the additional maternity leave that you have been entitled to with your current employer (from memory 40 weeks versus 29 weeks) as you won't have been there a year. Surely your current firm would have to compensate you for this at least?.

Is it actually illegal to make someone redundant while on maternity leave or it is just if the pregnancy is the reason for it (of course, they would never say if it was the reason)?

It's not illegal, but the employer has greater responsibilities to ensure that there was no other suitable position for you. Also they will find it harder to prove that you weren't selected because of your status. In my case, my employer had a history of 'restructuring' to get rid of anyone they wanted to.

I suppose. It's just I've known people who were pregnant get made redundant because there were X amount of jobs going anyway or even the whole factory had closed down and I thought surely an employer can't be criticised for that.

Thanks to everyone for their messages last week. Dispirting meeting on Wednesday when Hd of Personnel hadn't even read my memo confirming my pregnancy - but the big boss here has intervened on my behalf - we all need a champion! Anyway as it stood on Friday they've extended my notice period to 6 weeks - big deal - but are also going to pay me the equivalent of what I would have received as maternity pay ie 13 weeks at full pay, as part of my redundancy package. Apparently this is because they feel they've put me in a very difficult position!!! In effect they're acknowledging that I'd be hard pushed to find an appropriate position in the interim. Hey ho. At least I'm getting a better pay off and not just the minimum.

The worst bit is not just being allowed to leave after say this week. Instead my assistant and I have got to trail in for 6 weeks with little to do and lots of 'interested' parties enquiring as to what's happening. Anyone got any suggestions as to how to respond to these questions with something better than 'no comment' or something less polite!?

Hi Syd,
Just found this website and wanted to know if all was going well. I've just been made redundant at 17 weeks pregnant and I will leave 1 week before I would be entitled to maternity pay. What a bummer. I've been off since I was told I was at risk (3 weeks) with high blood pressure and spotting so I'm not in the thick of it to argue with anyone. How did you manage to get them to extend your notice period?
I am on a real downer about all this and really worried about money and stuff. Obviously it's not so easy to get another job when you've got a big belly!
Leese.

Syd, I am glad you are happy with your compensation package. But just wanted to say that I agree with Emmagee's earlier post that your employer is skating on thin ice and possibly in breach of sex discrimination/unfair dismissal laws.

The impression I get is that I am pretty much unsackable for the time I announce I am pregnant. This is because the employer is on the backfoot in showing that the pregnancy has nothing to do with the redundancy - ie they have to have a stronger than usual case to make you redundant. But as emmagee says, knowing this does not make a difference unless you are prepared to stomach the tribunal proceedings.

Emo27, least hassle is to negotiate a decent pay-off from your employer. But knowing that you DO have a possible legal card to play can perhaps colour your stance.