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Risk of redundancy while 35 weeks pregnant

5 replies

pizzanoodle · 15/11/2023 16:12

Dear mums,

I am 35 weeks pregnant and there are talks of my role being made redundant. The redundancy process hasn't started yet. I was wondering if anyone has had similar experiences? Specifically I have the following questions:

  1. Can I be made redundant while 35 weeks pregnant?

  2. Can I start my maternity leave earlier? Maybe from week 36?

  3. How long does a redundancy process take and how might it be different for pregnant women?

  4. What is the best course of action now?

  5. Any other advice?

    Would really appreciate any thoughts!

    Thank you!
OP posts:
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WeeSleekitCowrinTimrousBeastie · 15/11/2023 16:33

1) Can I be made redundant while 35 weeks pregnant?

Yes. But as you say the process hasn't started yet. Usually takes several weeks.

2) Can I start my maternity leave earlier? Maybe from week 36?

Yes

3) How long does a redundancy process take and how might it be different for pregnant women?

It varies depending on how many people are at risk. If less than 20 it could take a few weeks of consultation before decisions are made. If more then it will be at least a month to three months.

It's not different for pregnant women.

It is however different for women in maternity leave. If you are on mat leave you must be offered any suitable vacancies, on not worse terms and conditions, before other applicants, even if they are more qualified. You should be offered the role without having to interview or compete for it.

4) What is the best course of action now?

I'd stop for mat leave asap to ensure you get the extra legal protection it offers. And to get you away from the stress. Ensure they have all your contact details and tell them you want to be kept fully informed. Remind them of your right to be kept apprised of what is going on and if any suitable vacancies to be offered to you.

5) Any other advice?

If in any doubt call ACAS

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Sisterpita · 15/11/2023 17:55

A lot of your questions have been answered. Some additional points:

You will get your full SMP, however your employer can choose to pay some or all of it in a lump sum. To be consistent an employer can pick a common last date of employment for a group of people being made redundant. From that date any remaining SMP is paid as a lump
sum. This has tax and NI implications so you may need to contact HMRC.

Occupational maternity pay - this should be paid until your last day of service. Unlike SMP there is no requirement to pay it for the full period. This is partly because redundancy pay is paid and you would be getting a double benefit.
They should remove any eligibility requirement to return to work after Mat leave.

Annual leave is accrued until your last day of service and is then paid in your last salary. Again there could be tax & NI rebate due.

At 35 weeks as there is only initial talks I don’t think you need to rush to start your mat leave. You are entitled to your normal notice period, if it’s a month you will be almost at full term.

There maybe a benefit to be in work to following progress on the discussions. If the redundancy process is moving rapidly you can always ask to start mat leave asap. All you have to say is you underestimated how tired etc. you are.

HTH

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TatiBuz · 19/03/2024 21:19

The company he worked for closed due to financial problems and was transferred to an administrator. All were made Redundancy.

Dear mums,

I am 21 weeks pregnant and I was made redundant. The redundancy process started. I was wondering if anyone has had similar experience?

Can I be made redundant before I complete 25 weeks pregnant?

Can I ask Maternity Allowance, what the difference between Maternity Leave? Will I receive less months?

How long does a redundancy process take and how might it be different for pregnant women?

What is the best course of action now? Any other advice?

  • They said they not have money for pay for this 19 days that we worked this month.

    Thank you!
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Sisterpita · 20/03/2024 13:28

@TatiBuz you need to start your own thread.

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TatiBuz · 20/03/2024 15:05

Sorry I am new here. I really thought I did it.

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