Facing redundancy while pregnat

[FirstPregnancyWoman]

Hello

Appreciate if someone could please help (especially if you have a law or HR background in the United Kingdom):

• I am a pregnant womant entering her 16 weeks of pregnancy. This pas week I have been informed by my employer that I am at risk of redundancy because there is not enough work. I also informed my employer about my pregnancy during the same meeting, stating that my pregnancy is high risk due to the presence of a large fibroid

• My employer is having zero consideration of the fact that I am pregnant and wanted to go ahead with the redundancy process the following day, which I pushed back for one week for the time being

• I was wondering whether women are protected from redundancy after the 'Protection from Redundancy (Pregnancy and Family Leave) Act 2023’, which has come into force on 24 July 2023:
• This new law gives a pregnant employee who is in ‘a protected period of pregnancy’ (and not only women on maternity leave) priority status for redeployment opportunities in a redundancy situation over other redundant employees
• However, the act provides very limited information on the details of the protection, not even stating how a ‘protected period’ of pregnancy will be calculated. The regulations are not expected to come into force before April 2024
• However, from previous press releases (https://www.gov.uk/government/news/government-backs-new-law-to-help-pregnant-women-and-new-parents-stay-in-work) a ‘protected period’ of pregnancy is likely to commence once an employee informs her employer of her pregnancy

• Do you think this law is currently protecting me from redundancy as a pregnant woman who has informed her employer about her pregnancy? Or do further regulations need to come into force before April 2024 defining what is ‘a protected period of pregnancy’?

• To complicate things, my due date is 28 January, and I can only qualify for basic statutory maternity leave if I am on current employment until week commencing October 16 (15 weeks from due date rule). My company operates a payment in lieu of notice policy - my understanding is that if I they terminate me with this policy in the coming weeks, I won't be able to claim basic statutory maternity leave

• Shall I try to get a sick note from my GP to buy at least a couple of weeks in terms of time? Can I request my employer that I work during my notice period so that I am on current employment 15 weeks from due date to qualify for statutory maternity leave? Should they instead immediately terminate my employment with a payment in lieu, can I put a complaint to HMRC and state that they purposefully did that to not pay my statutory maternity leave?

Please help

A pregnant woman can be made redundant if there is a genuine reason. Being selected for redundancy BECAUSE you’re pregnant is not allowed.

i would advise calling ACAS for some advice https://www.acas.org.uk/contact

I’m guessing the fact you only told them you were pregnant in the same meeting you were told about facing redundancy would indicate you haven’t been picked on that basis.

I never said that they choose me because I am pregnant. Is the 'Protection from Redundancy (Pregnancy and Family Leave) Act 2023’, which has come into force on 24 July 2023 and described in my previous thread currently protecting me?

Im afraid not. The law does promote positive discrimination but doesnt mean they cannot make you redundant. The employer didnt know you were pregnant when they approached you with redundancy so you havent been selected on that basis. If there are a team and a % of them are being made redundant, not everyone, they should treat you favourably and will need an iron clad reason why its you but it is possible. They must make best efforts to find another position in the organisation if one exists, simply inviting you to apply isnt enough. You must have first refusal on suitable alternatives.

In short yes you can be made redundant but its harder. Contact acas or pregnant then screwed for further information.

Going on sick leave wont help as you can be made redundant while on sick leave as long as its not because of it. In this case it isnt because you would be starting sick leave after youve been told.

Sorry there isnt more good news. Is there any possibility of an alternative role at the company. Even if its not where you want to be it will get you through to maternity.

They can still make you redundant. What it does mean is if there are two people for one position then you get chosen for redeployment over the other person who then gets made redundant

Sorry I'm afraid that they can made you redundant whilst pregnant.

Going off sick isn't going to buy you time either.

I'm an employer and have just done a restructuring. We had 3 employees who were pregnant and I took legal advice to make sure they were treated properly and that we followed the law. They had no extra rights.

The result was that two secured roles in the new structure and one ended up redundant.

There are extra rights if you are on maternity leave but these won't apply to you.

That only applies if you are on maternity leave.

Thank you for your insights. I am currently the only editor in my company, and the work is still coming, although it is not enough for me to hit my billability target as my company is losing a lot of business. The work that it is still coming will be given to freelancers.

The company is currently not hiring (we are a small company of 30-40 people), and not sure if there is an alternative vacancy as such, as a lot of my other colleagues are also not hitting billability targets.

My point, how do I prove that they are not trying to find me an alternative vacancy role?

@panko

Apologies you are correct

Thank you, but there is this new law 'Protection from Redundancy (Pregnancy and Family Leave) Act 2023’, which has come into force on 24 July 2023 that is extending the maternity rights to also women who are pregnant.

Did you discuss this with your lawyer?

Thanks

My point, how do I prove that they are not trying to find me an alternative vacancy role?

What roles are available? Are you qualified for the then? Are they on similar terms and conditions?

If you are suitable for these roles and these are not being discussed with you then that's how you prove it.

But if you are a full time editor and the only roles available are a part time receptionist in £20k less or a senior executive on £20k more they don't have to offer you anything.

ACAS or an employment solicitor will be able to advise you if they think you have been treated unfairly and have grounds for a case.

No we completed our redundancies in early July so this never came up.

There are no other roles available, we are a small company of 30-40 people and we have currently stopped recruiting.

The act you're citing requires additional regulations to be passed to come into effect, which hasn't been done yet.

So it doesn't change the position for you.

@swanling thank you, how do you know 100% are you a lawyer?

@DinnaeFashYersel

There are no other roles available, we are a small company of 30-40 people and we have currently stopped recruiting.

Does it mean that I can't say that they havn't tried to find me a suitable role?

I am the only editor, and they are making me redundant as there is not enough work, but it is still coming a bit. Can I say I can help other departments, for example the Creative and Client Service departments?

Thank you

I had to look into it recently but appreciate things may have changed.

Try contacting pregnant then screwed OP?

Op
If there is a role available in an other department that you can reasonably do, then absolutely they should offer you that in lieu.
If other departments are staffed correctly they don't have to create an additional vacancy for you in that department just because you would be capable of the role. ( I think that's what you're asking)

how do I prove that they are not trying to find me an alternative vacancy role?

You have said that there are no vacancies, in which case there are no alternative roles and nothing for you to prove. You could keep an eye on new appointments and if there is an appointment to a role that would be suitable for you, then you have a point. Otherwise just keep an eye out for vacancies.

I think you have to accept that you'll be made redundant. Are you an English to English editor, or an Editor of translated content? In any case, there's a lot of work as a freelancer in this industry. Could you set up as a freelancer and sell your services to your current company? This happens very often in the language industry

This Act does not prevent you being made redundant. As a previous poster says, it needs the government to bring in regulations before it has any effect at all. Even when that happens, all it will mean is that, as with a woman on maternity leave, a pregnant woman must be offered any suitable alternative position that is available even if they are not the best candidate for that position. As there are no other roles available and they have stopped recruiting, you can be made redundant. They do not have to create an alternative role for you. You cannot argue that they haven't tried to find you a suitable alternative when, by your own admission, there are no alternatives available.