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Facing Redundancy

4 replies

kjdelmoro · 13/05/2020 12:34

Sadly, my company are looking at a mass redundancy, which has put my job at risk. I would like to see if there are any options for me moving forward to try and protect myself from this as I am just entering my 2nd trimester.

I have informed my HR manager, but am unable to provide a MATB1 until I reach 20 weeks, by which point is too late and would have been informed of their decision in regards to my employment.

Might anyone know if there is an alternative method of proof for now so I can be on record with the company as requiring Mat Leave. Or might this fight be futile?

Thanks so much in advance if anyone may have input to this.

I can imagine this is a difficult time for a lot of us. Especially us mama's who have a lot of uncertainty ahead of us! Wishing you all well x

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LaurenRG · 13/05/2020 13:13

Hi there,

So sorry to hear your situation. I'm afraid I may not be much help on this, I can only suggest really pushing with HR regarding the fact that your pregnant and what dates you would go on Maternity etc, maybe offering to leave for maternity earlier to save the company any money etc.

I found out I was pregnant 4/5 weeks ago (due Nov 2020) and 3 days later I received an email from my work, that from June 2020 my company were making mass redundancies to help save money and I'll be made redundant - meaning I don't receive pay after June. I tried to use sympathy card with my company and explained that I just found out I was pregnant etc, offered to work part time so I could hopefully stay on to receive maternity pay, but they weren't lenient at all. I know this is a very stressful time for everyone - but I wanted to let you know that you're not alone. I know lots of new mums to be that are in the same situation. Just have to keep hopeful and positive. Keep safe!

flowery · 13/05/2020 13:49

Do you think they don't believe you? If you've written confirming your pregnancy that is enough 'proof'.

It won't protect you as such anyway, if notice of redundancy will be given before you are 20 weeks pregnant. Your pregnancy shouldn't be a factor in their decision but if they are selecting based on, for example, performance or disciplinary record, you can and should be scored like everyone else and can absolutely be made redundant.

If your role ends due to redundancy whilst you are actually on maternity leave, and there is a suitable vacancy available, you must be offered it and cannot be made to compete. So if it becomes clear that the actual redundancy won't take place until after you'll be 29 weeks, you could opt to start your maternity leave then, so that you're already on maternity leave and if there is a vacancy, you'd get it.

Once you meet the criteria for statutory maternity pay, you are then entitled to that even if your employment ends. So as long as you are still employed by the 15th week before your due date, and have earned enough, you will qualify for SMP even if you are dismissed due to redundancy the next day.

It all will boil down to timing, not to how you prove it. Either the redundancy will take place late enough to get you some slight additional protection in terms of vacancies and/or SMP, or it won't. Whether you can prove pregnancy sooner won't change those things.

kjdelmoro · 13/05/2020 13:50

Oh LaurenRG, I'm so sorry to hear that you are in the same boat. It's so awful!

We'll be looking at our 1:1 consultations shortly, so hopefully they throw me a bone but I suspect the outcome won't be what I want to hear.

Sending you some positives vibes as well and thank you for helping me feel like I'm not alone. It's really scary to be facing my first pregnancy and redundancy. But the positive is, we will both be welcoming beautiful life into the world in November 2020 :) Congrats to you!

Take care!

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kjdelmoro · 13/05/2020 14:00

Thank you flowery for your in-depth insight.

Not that I need to prove it as such, just unsure as to how it all plays into factor with their decision process and unsure if an email notifying HR suffices as acknowledgement for their consideration. The reply I had was just to provide them with a MATB1, therefore made me nervous it would be a missed opportunity.

I'd obviously like to retain my job if there's an opportunity to do so, but totally understand that they must judge me equally to my peers and base it on merit.

Really appreciate you taking the time for the feedback, it's something for me to digest!

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