redundancy announced and 28 weeks pregnant

[designermummy]

I have just been informed that I am going to be made redundant.
I am 28 weeks pregnant.
I will not be able to be redeployed within the company because of my stage in pregnancy; I will not be able to seek new employment because of my stage in pregnancy.
I also assume I will loose the planned additional maternity benefits I was entitled to due to being at the company for over 2 years; (8 yrs in fact) i.e. 3 months at 90% pay; continued car allowance; private health care; pension contributions and holiday accrual.

What should and shouldn't I expect?

I have only had my first meeting informing me that I am 'at Risk of Redundancy', however, I believe I am not 'at risk', I am definitely going, as they are making 2 out of 2 in my position redundant - making the role redundant (although there is a more junior position in the same role not effected?)

Can anyone help urgently please?
Thank you

I am no expert (to say the least!) but the thing that jumps out here is saying that you can't be redeployed because of your stage in pregnancy. Have they actually told you that? Because if everyone else has a chance of redeployment then you should too - otherwise you are being discriminated against because of your pregnancy.

My office is going through this at the moment, and the girl who is currently on mat leave has been offered another job within the company, and will start there once her mat leave is over.

No idea about the mat benefits I'm afraid a. Hopefully someone more helpful than me will be along in a minute.

Hi!
To clarify, no they have not said I can't be redeployed, but I believe that is the reality of the situation (call me a pessimist).
I am just wondering if they can make me redundant at this stage; taking away my enhanced maternity pay that I was due because of long service? It also looks like I only have 3 weeks notice period before I have to leave - is this allowed when my T&C's say 1 week for every full year worked (therefore should be 7 weeks?). My HR dept have said that I can take Maternity Leave 11 weeks before my due date which is today (but have to give 28 days notice). If I have only 3 weeks redundancy notice to serve, I can't action this before hand, but, if I do have the time stated in my T&C's, then I do have time - can I do this and will it protect me?
Any advice will be much appreciated.

If your role is genuinely redundant then yes they can make you redundant. You'll still get SMP but whether they honour your enhanced maternity package will probably be up to them, unless the terms and conditions of the maternity arrangements are such that it is paid to redundant staff.

I'm not sure what you mean by you only have three weeks' notice period before you have to leave? Do you mean if your role is redundant it will finish in 3 weeks? If so, that doesn't mean you lose out on notice, they will just have to pay you the rest.

If you are on mat leave when your role is redundant and there is a suitable alternative available, you should be offered it. It doesn't sound like you've got time to put yourself on maternity leave but do you have reason to believe there are suitable vacancies?

Not sure this drastically changes things, but did you 'officially' notify your employer of your pregnancy? In other words, if you filled in the MAT B1 form, think the earliest it can be is 25 weeks, and they responded giving you your entitlement it may be more difficult for them to withdraw it (the enhanced maternity benefit)

See http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-managing-new-and-expectant-parents/managing-pregnant-women/redundancy-and-dismissal-during-pregnancy-and-maternity-leave/ for detailed info but to sumarise you are still entitled to SMP.

If you are made redundant before your 15th week before confinement (25 weeks pregnant) you are not entitled to SMP but you are entitled to SMA. However you are 28 weeks which means you are still entitled to SMP, you will be 31 weeks when you leave. That said if your contract says that your notice period is 7 weeks then they either have to honour that or pay it to you. You should WRITE to them and ask them how your full 7 weeks notice will be finalised (or something along those lines). Can you also tell us a bit more about your company enhanced maternity pay. Mine are lump sums and I have to stay with the company for 3 months after I receive them.

Bit more info on directgov

HTH

Could you go on immediate maternity leave (perhaps due to stress), presumably then you'd have to be offered any alternative suitable role - if there is one?