Possible redundancy while pregnant/on mat leave

[User88181992]

Hi there,
I wondered if anyone might be able to advise.

Out of the blue, our company has announced a complete restructure and it had been said that people may need to be reinterviewed for alternative roles. At the end of the day, the company need to save a lot of money so I imagine there will be a lot of redundancies.

I’m pregnant and will either be right at the end of my pregnancy or a new mum when the consultation period comes to an end.
I am really confused about what this means for me

• would I be expected to interview for a job having recently given birth or near giving birth?
• would having given birth make any difference to my rights compared to heavily pregnant?
• would the new legislation that came into affect in April 2024 mean that I would not actually be expected to interview if there is an alternative role - simply redeployed?

If anyone has any insight into this I would be so grateful. I’ve been so stressed about this. The new legislation is a godsend but I know it doesn’t mean I am immune to being made redundant. I would never have been able to get pregnant had I thought it was possible I’d just be on statutory maternity pay. I also wouldn’t be able to apply for a new job right away like colleagues would, so feel I and other pregnant employees would be disadvantaged.

thank you

I would phone Acas. You want a response you can rely on, which can't be said of Mumsnet posts.

https://www.acas.org.uk/contact

Agree with above. MN is notorious at people giving HR advice on what they think the world of employment should be like, not what it is.

If there's a 'suitable alternative' job whilst you're pregnant or on mat leave they have to give it to you even if you're actually the worst candidate.
If you're in a stand alone role, or all jobs of your type are going and there are no suitable alternatives, you can be made redundant.
Technically you're in a better position than everyone else.

I'm so sorry OP. A friend of mine was rung a few days after her baby was born to inform her she was up for redundancy - she thought they were ringing to offer congratulations. It was awful.

Ring ACAS, if memory serves you have protection but you're not completely immune here so I'd speak to them about your rights and make sure you're fully aware of them.

The critical point is whether any of the new roles are "suitable". ACAS has a brief summary here www.acas.org.uk/your-rights-during-redundancy/taking-another-job-with-your-employer
but tribunals take a common sense approach to assessing suitability. If you work in a structured environment with pay grades it's easier to demonstrate whether a role is suitable or not.
If it is a large exercise I'd say it's safer than a small one. There are definitely organisations out that that try and make pregnant people 'redundant' but this sounds more like a large scale reorg which is more likely to be by the book.

Yes to bullet point 3.

I would ask them to confirm this is the case (really so you are telling them the law, in case they don't know)

Their helpline is closed until Sept 30th, but I'd definitely contact them then with any unresolved questions: pregnantthenscrewed.com/signposting-for-help-support/

Thank you all so much for your advice, it’s really appreciated.

I disagree with this.

Whilst the employer must offer OP any suitable vacancy even if she isn't the best candidate (assuming they are aware of her pregnancy), that does not prevent them interviewing her. They may, for example, want to determine which of the available roles would best suit her.

I found this on the Maternity Action website:

Do I need to attend interviews and assessments to be offered a suitable alternative vacancy?
If your job is at risk of redundancy during the redundancy protection period (see section above) your employer must offer protected employees any suitable alternative vacancies, if there are any. The terms and conditions of this new job must be not substantially less favourable than your original job and you are entitled to remain on leave until your expected date of return.
This protection exists because you may be about to give birth, you may be recovering from the birth or you may have been out of the workplace for some time and would be disadvantaged in having to compete for roles.
The regulations state that you have the right to be offered any suitable alternative vacancies (if there are any) and this means that you should be given priority for any redeployment opportunities. Your employer may need to hold interviews or assessments if there is more than one employee who is protected or where there is some uncertainty about whether the role is suitable.
If your employer is insisting that you attend for interviews/assessments during your redundancy protection period and you want to secure one of the vacancies, you may want to attend in order to use the interview to ask your employer how they will ensure that you will not be disadvantaged in the selection process because of your pregnancy or leave and to make them aware that you are in a redundancy protection period and that you should have priority over other employees.
If there is a suitable alternative vacancy and you are not offered it, you may have a claim for automatic unfair dismissal

https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/#:~:text=If%20your%20employer%20is%20insisting,disadvantaged%20in%20the%20selection%20process