Just found out I'm being made redundant...and I'm pregnant. Scared- help!

[CrackersandCheese]

Hi

I've posted this on the employment issues board but wanted to pop it on here in case any of you had any advice or experience.

Hi there,

I really hope you ladies can offer me some advice. I'm going to do some research on google etc but this is the first place I thought of.

I've just got off the phone from one of our directors who has told me that I'm 1 of 6 positions (of 230) that are 'at risk' of being made redundant next year. This is not as a result of poor performance etc. just because the business is looking to tighten budgets and some head counts need to go. As there will be a reduced workload for me next year, as a knock on impact of reduced business spends, they don't feel they need the position.

I have been told that I have a meeting with them tomorrow to start consultation.

I'm currently 13 + 5 weeks pregnant and work is aware of this.

I would normally be entitled to a maternity package of 4 months full pay and the remaining 39 weeks at SMP. I am not clear whether I would get this if I was made redundant..?

One of the annoying things is that I my role is in short supply in the industry I'm in and have turned down offers recently for other jobs because I know I'm pregnant and didn't want to start somewhere and then leave but also I didn't want to give up my maternity package at my current job.

I'm really scared about what the imminent future holds...please can you offer any advice on what I need to be doing/saying in this meeting tomorrow and what I might expect to happen.

I'm trying to calm myself down as I'm shaking and my tummy is aching with the stress. De-caf tea is at the ready.

Thanks

Crackers.x

Gosh I can't give you accurate advice but what a nightmare situation.

However, presumably you have a decent notice period? If you can start your maternity leave at 29 weeks before your notice runs out then they would have to pay you at least SMP anyway. Doesn't help you with the 4 months full pay though. If you do lose your job sooner you will be able to claim Maternity Allowance, although this is also only equivalent to SMP.

I think you will get the best advice in the Employment section as people who post on there are quite clued up about the legalities.

I think if they are not making the position redundant until next year, you are in a good position to negotiate keeping your maternity pay (as I say they have to pay you smp anyway if you are still there at 25 weeks) and then to look for a new position during the last months of your maternity leave.

Hi Crackers,
Tough situation - your company have adopted a very risky approach by putting you at risk of redundancy as sex discrimination claims are uncapped at Tribunal. If the Tribunal believe that your pregnancy played any part in the decision to make you redundant, they would tell the company to pay you compensation.

It's a bit difficult to advise without the full facts but in the meeting, I would ask:
i) why is your particular role at risk and not the other 240 people (or whatever the circumstance is) and did they take the fact that you were pregnant into account
ii) the fact that you are on maternity leave should be taken into consideration, as you will not be in work for 6 - 12 months (or whatever you intend to take) and the business might improve during your period of leave
iv) what alternatives would be considered as appropriate, and how would they ensure that you were not discriminated against by a recruiting manager on the basis that you were pregnant

Ultimately, it's a crappy and stressful situation but the law is on your side on this one, as it would be very difficult for them to argue that your pregnancy played no factor in the decision to make you redundant.

Do you have a Union rep that you could take to the formal meetings with you? If not, give your local one a ring and ask them to go along with you as they will know exactly what to do / say.

Good luck....

Crackers Sorry to hear about the situation you're in.

I've was made redundant 4 weeks ago at 21 weeks pregnant, and it's a horrible situation. Unfortunately what I learned from my experience, during which I enlisted the help of an excellent solicitor, is that pregnancy lends far less protection than people usually expect (my family and friends were dumbstruck by what went on with my emplyers, yet they acted within the letter (if not the spirit) of the law. The upshot of my situation was that, provided it could be demonstrated that there was a solid business reason for my role being made redundant, then they were well within their rights to do so.

My advice would be to keep clear and accurate notes, including copies of all written and electronic communications. Ultimately, the law requires that your pregnancy/maternity leave be ignored when roles are selected for potential redundancy. If you feel at all like your pregnancy is a factor, seek legal advice.

(I hope that didn't sound unduly negative, but the worst part of my experience was the realisation that, actually, they could do what they were doing after assurances from everyone inknew that it Just Wouldn't Happen)

Thanks for the advice ladies.

I contacted my TU rep yesterday who gave me some advice and will be there for support. It isn't the norm for people at my company to have one but because of my speciality I am covered. I think it surprised management when I turned around and said 'i'll have to check that with my TU before I can answer'.

The meeting wasn't as bad as I thought. But because of the timing I will not get SMP and only MA. So, that's a drop in income already.

I'll keep you updated on how I get on.

If anyone else has experiences of this to share I'd be really grateful.

What a lovely Christmas present .