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Original poster

Consultation while pregnant

12 replies

Spinxsta · 29/05/2021 08:41

I'm due to go on maternity leave in 3 months. We've just been informed that we're having a consultation and this will affect my current position.

Are employers allowed to change my employment when I'm due to go on maternity leave?

OP posts:
flowery · 29/05/2021 10:59

Yes. They can’t change anything because you are pregnant but as long as a fair process is followed for whatever they are doing, they are not expected to put business changes on hold until you’re not pregnant/on maternity leave.

What are the changes being proposed? You do have some additional protection if your role is redundant while you are on maternity leave.

Original poster
Spinxsta · 29/05/2021 11:16

We have no idea what the changes are.

We're closed for half term so there's no one to ask.

So, can they make changes that will impact my maternity pay?

OP posts:
flowery · 29/05/2021 13:30

It’s no easier or more difficult for them to make changes when you are pregnant than it would be if you weren’t.

Cutting employees’ pay or taking away/reducing benefits like maternity pay is not straightforward. They’ll need to consult, seek agreement, and if they want to force it through that would involve legal risk for them and they’d need excellent reasons for it. It’s vanishingly unlikely they’d be able to change contractual maternity pay at this late stage.

Original poster
Spinxsta · 30/05/2021 08:20

Thank you very much for the information. It's reassuring... I think.

OP posts:
Hummingbirdblue · 30/05/2021 08:23

How many weeks pregnant are you? If you're past 25 weeks, then your mat pay will remain the same regardlessof what happens. And you will still be entitled to mat pay even if you are let go.

If you go onto ACAS website, there is loads on there about redundancy and pregnancy. I was put at risk of redundancy when I was pregnant and I was eventually redeployed while on mat leave.

flowery · 30/05/2021 11:02

”How many weeks pregnant are you? If you're past 25 weeks, then your mat pay will remain the same regardlessof what happens.”

That’s true about statutory maternity pay but if OP has enhanced pay that could be calculated on the basis of pay when maternity leave starts or something.

Although I do think it’s too late for them to feasibly change anything anyway.

Original poster
Spinxsta · 31/05/2021 12:28

I'm 27 weeks.

I do have an enhanced maternity pay which I'm relying on!!

OP posts:
Lebe14 · 04/06/2021 19:49

They are able to consult and actually make you redundant when pregnant if there is a genuine reason and they follow a fair process. Like others have said, that cannot make you redundant because you're pregnant, this would be discrimination.

If you're still employed at your 'qualifying week', which is 15 weeks before your expected due date then they will need to pay you your maternity pay, in the unfortunate event that you are made redundant. In this situation an employer will usually pay your maternity pay in a lump sum, along with redundancy pay and pay in lieu of notice (where applicable). The one thing you'll lose out on is the holiday you would have accrued during your maternity leave. E.g. if you were to go on Mat leave and be made redundant at the end of your leave, you would have all the holiday you would have accrued during your maternity leave paid out to you. Could be something you ask them about if you get to this stage and add this to your package? Worth a go!

Original poster
Spinxsta · 05/06/2021 09:35

Thank you.

Would they have to pay enhanced maternity pay or just statutory pay?

OP posts:
Margaritatime · 05/06/2021 11:25

It will depend on your contract and when you start maternity leave. I worked somewhere with very generous redundancy provision, think up to 21 months full salary depending on length of service.

In that situation we paid occupational up to last day and then SMP only in a lump sum. This was because employees were getting the equivalent of their full salary via redundancy pay.

Lebe14 · 05/06/2021 12:41

@Spinxsta I believe legally just statutory. However, I work in HR and have always paid the enhanced rate too. So if your company is only going to pay statutory I would see if you could negotiate part or all of the enhanced pay as well.

flowery · 05/06/2021 13:07

@Spinxsta

Thank you.

Would they have to pay enhanced maternity pay or just statutory pay?

That will depend entirely on the terms and conditions of the enhanced pay. Usually not, as enhanced pay would only be available to employees, rather than ex employees, but some schemes have a condition whereby if you leave by reason of redundancy, you still get it.
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