Furlough - pregnancy - redundancy?

[glasshalfsomething]

I’m currently furloughed, no end date and expect to go back in August. I’be also just found out I’m 7 weeks pregnant; which I know won’t go down well when I go back.

I’m concerned they’ll try to make me redundant to help fill the cash gap that the pandemic has brought on. My role is in training and I know some of the SMT don’t believe I’m ‘essential’ to the business.

I think the best thing to do is to let them know about pregnancy ASAP so that the threat of redundancy is reduced as it can be seen as more complicated. Is that right?

I’d ideally like to keep this job until I go on mat leave. After my 12 months I very much doubt I’ll go back unless some leadership issues have been addressed.

I’d welcome any thoughts or professional advice.

Telling them your pregnant wont necessarily protect you from redundancy unfortunately but you still need to tell them since theres now extra risk to you when you back

Thanks @missbipolar, I’m not sure there’s any extra risk as when I go back it will be mainly WFH for the first few weeks.

I was under the impression that maternity discrimination would be on my side; especially as I believe the main reason they’d want to make me redundant would be my maternity status. They’re not really keen on anyone who takes it and it’s a very male oriented company.

But you've already said that they don't see what you do as important. So all they need to do is pursue the redundancy on those grounds and it isn't complicated at all. I'd say it's neither a greater risk nor a lesser one - it might make them pause, it might not. There is one thing though - if you don't tell them they have no legal responsibility for your health and welfare, and that is a definite risk. It isn't just about your possible risk of infection by the virus, which is low risk as long as there are no complicating factors, but that isn't the only risk - what about your health and safety more generally?

I see what you’re saying @moondust. Think I’ll definitely have the conversation in the next week.

If they know you are pregnant they must not use that as a reason to make you redundant but they can make you redundant on other grounds. However, if they do go down the redundancy route they must offer you any suitable alternative even if there are other candidates who are better than you.

Some businesses avoid making pregnant women or women on maternity leave redundant because of the risk that they might face a discrimination claim and be unable to convince the court that the redundancy was genuine.

I'm pretty sure you only get a suitable alternative vacancy offered if you are on mat leave. I don't think that kicks in if you are pregnant. It's discrimination to make you redundant because you are pregnant, but they could just make you redundant and say it's due to covid.

I'm a one to one for a child with learning needs in a school the child I work with will be leaving for secondary school and I'm pregnant when I had to do the paper work for my maternity leave I did it with a senior leader and I had to put was I returning I ask my leader what should I put as my job is finished when the child leaves I'm not guaranteed another job in the past people have been given redundancy or just found other jobs in different schools, as I did the form in March before lockdown etc it was to early to know what will happen with my job the senior leader told me due to me being pregnant I actually have a lot more rights so I'm assuming you would to you could ring maternity action helpline where they give free advice, I'm not on maternity leave and I don't know where my job stands but with all the virus and school opening and now there not I doubt my head has had any time to really look into my situation

*now

I'm pretty sure you only get a suitable alternative vacancy offered if you are on mat leave

That's correct. Sorry - I should have made that clearer.

@prh47bridge sadly I have had to research this myself of late. Despite being a very large organisation, my employer holds different views to that of both ACAS and a solicitor from the charity 'pregnant then screwed'

Sounds like you’ve not had a great time of it @EnglishRain. Is it all resolved now?

This won’t protect you unless they are beyond clueless. If they wish to make your role redundant they can, it would be very difficult for you to prove in this environment it was due to your pregnancy and not because they felt they didn’t need the role due to a reduction in business performance. Very difficult

I’d assume they know that.

However, if they do go down the redundancy route they must offer you any suitable alternative even if there are other candidates who are better than you.Some businesses avoid making pregnant women or women on maternity leave redundant because of the risk that they might face a discrimination claim and be unable to convince the court that the redundancy was genuine.

No they don’t they are perfectly at liberty to pick the best candidate for the job.

Agree some businesses may avoid making pregnant women redundant due to the risk if discrimation but that would be nearly impossible to win due to Covid, the business has down turned, they will be able to prove it. Any role that isn’t key operational would then be at risk.

it would be very difficult for you to prove in this environment it was due to your pregnancy and not because they felt they didn’t need the role due to a reduction in business performance. Very difficult

This argument might work if the OP is the only person doing her role. However, if there are other people doing the same role and she is made redundant, if she claims unfair dismissal it will be up to the employer to prove that the selection process was fair and that she hasn't been discriminated against. It will not be up to the OP to prove she was made redundant because she was pregnant. It will be up to the employer to prove that wasn't the reason for her redundancy.

No they don’t they are perfectly at liberty to pick the best candidate for the job

Not once the OP is on maternity leave. At that point they must offer any suitable vacancy to her regardless of whether or not she is the best candidate.

Honestly, I'd keep it quiet until things are a bit more normal and look after my own H&S.

You don't need to tell your employer officially until 25th week of pregnancy. I recommend you wait until then. This way you can submit your Mat b 1 form and get your maternity entitlement letter which should include SMP (depending how long you have worked there ) and enhanced maternity (depending on their policy). Now, this does not stop them from making you redundant. But just buys you time.

All the best!

This argument might work if the OP is the only person doing her role

Absolutely but she’s never said she’s one of many doing her role and in fact her wording indicates she is the only one.