Pregnant and about to be made redundant

[Maternelle]

Posted this in Legal Matters but I might have more luck here :-)

I have been in my company for 10 years exactly. Am 18 weeks pregnant.
My boss told me yesterday that he wanted my position to be based in our US office. The company would help me relocate. They would also offer a small promotion. If I refuse, I would be made redundant.

I just then announced that I was pregnant.
He said nothing and neither did I.

I feel frustrated as me working from my current location has never been a problem. I have just stood in for my previous boss maternity leave and have stood in for her since she has resigned.

I am not sure what my rights are.
Would one of you know?

I'm not clear what you mean by you're not sure what your rights are tbh? If you hadn't told them you were pregnant previously it doesn't sound as though your pregnancy is at all relevant or any factor in their decision, if that's what you mean. Nor are they obliged to change their decision because you are pregnant.

What is your concern exactly?

My concern is that I don't want to loose my job :-)
Their decision is totally unrelated to my pregnancy, obviously. But I think their decision is debatable.
To be honest I don't know what I think, I have been in this company for so long, lately they have given me more responsibility and were happy with me, and now it's all going pear-shaped.

Sorry if this doesn't make much sense, I guess I clutching at straws...

Yes I realise you will of course be concerned at the prospect of losing your job :). It's just if you ask 'what are my rights?' it's a difficult question to answer unless you can give a bit of context, such as asking what are my rights in terms of procedure they should follow, or pay I should get, or saying something your employer is doing that you believe may be illegal in some way.

If it's just that you don't want them to relocate your post, which of course you don't, I'm afraid just because you disagree with their decision it doesn't make it any less valid.

You should be consulted, so should be given the opportunity to make any alternative suggestions for them to consider. However it sounds like a very straightforward relocation of your post, so really the only thing you can do is ask why they want to relocate the post and see if you can put forward anything that might meet their objectives with you staying where you are.

From your thread title and the wording of your OP it did come across as though you felt your pregnancy was relevant in some way, either to their decision or to your rights.

Are there any vacancies or prospective vacancies in the company within the UK?

Thanks for your feedback. This is helpful.
I guess they are not doing anything illegal.

Background is:

I work for a media company. I have been with the company for 10 years exactly. I worked for them for 5 years in the UK and I have been working from home for 5 years now (outside the UK). I have kept the same UK contract.
All my appraisals have been good. Recently I was asked to cover both my boss' maternity covers. She was then pushed out and left 3 months ago and I have been holding the fort since. At no point was it mentioned that me working from home was an issue in any way.
My new boss has now decided that I had to relocate or be made redundant.

I also have to mention that a few years ago, a company-wide restructure scheme took place and I was nearly made redundant but survived the cull. At the time, I was offered 1 month salary for each year worked in the company.

I have a 3-month notice period in my contract.

I guess I will be made redundant, but I feel it's a little unfair (although not illegal).

My questions are:
-Does the notice period take place in the case of redundancy?
-I am 18 weeks pregnant now. If I get 3 months notice, this will take me to 32 weeks. Do I then get maternity allowance? and for how long?
-Can I expect/demand a bigger package than the last one I was offered?

I am very grateful for any advice.

Yes you should be given your 3 months notice, which means either just telling you 3 months before it will take effect, or if they need it to take effect sooner, they will need to pay you in lieu of notice to make sure you get your 3 months.

If you are still employed by the time you are 25 weeks pregnant, as seems likely, you should be entitled to SMP, even if your employment then ends. SMP is 6 weeks at 90% of salary, then a further 33 weeks at a basic statutory amount of about £126 a week. Your employer should pay you this, even after your employment ends.

You can't 'demand' any kind of redundancy package other than your legal entitlement, which is a week's pay for each complete year of service, capped at £380 a week, see here. You can certainly ask for the package to match what you would have received had you been made redundant a few years ago, but unless it's a contractual package there's absolutely no requirement for your employer to offer that. It sounds like a perfectly legal redundancy situation so no incentive for them to pay extra other than to be nice, really.

Oh hang on, you don't work in the UK currently? Are you certain UK employment law applies? Where do you work, is it in the EU? Doesn't sound like a temporary posting abroad but a permanent arrangement.

I don't have much expertise in terms of workers employed abroad by a UK-based company. A couple of my clients do have that situation but the individuals are either employed under local employment law or are self-employed.

A quick google indicates it's not necessarily clear-cut what law will apply to you, so I would advise you to get some proper advice from a solicitor specialising in this to determine where you would be considered to be employed and what the redundancy requirements are.

Thanks Flowery.

Oh and I wouldn't have thought you will be entitled to SMP or maternity allowance from this government if you live and work abroad tbh, although if you get some proper specialist advice you should ensure it includes that issue.

I am in the EU and a friend of mine did asked the same question as you.

She said that although my contract states that English law governs it, in reality, I work in this other country, and my company pays their contribution to my governement and that the "real" contract could be requalified.
My contract states that my place of work is my home address.

In my country, it is illegal to make a pregnant woman redundant (except for gross misconduct).

I guess I won't force them to keep me on, but this might give me more fuel to negotiate a larger package maybe?