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Pregnant and might be made redundant.. any advice?

4 replies

naturopath · 11/01/2009 15:22

I know there have been a couple of similar threads, but just wanted some prelim. advice to know how to position myself etc.

My co. is making a significant part of the workforce redundant. Haven't said what the critrea are yet, so in theory we are all at risk at the moment.

I know I can be made redundant whilst pregnant, but does anyone have any advice as to what might seem unfair? e.g. I also have one lo, and feel my recent return from my first mat leave might have led the bosses to take me less seriously, give me less work etc. .. theyby giving them a reason now to say that I didn#'t work as hard as the others (which I did, jsut haven't been given the oppotunities since return from mat leave). Also, first trimester of this pregnancy (before I notified work), I was exhausted and nauseous, so also may not have performed to best standards recently - but that was due to my pregnancy.
Can I raise these points legitimately if my name is on the "at risk" list?

Thanks

OP posts:
naturopath · 11/01/2009 15:22

sorry for typos

OP posts:
flowerybeanbag · 12/01/2009 13:52

What would be unfair is if you are made redundant and have reason to believe that your pregnancy is all or part of the reason for you being selected.

if you think your bosses have 'taken you less seriously' after returning from a previous maternity leave have you addressed this with them? Similarly if you feel exhaustion and nausea have affected your performance did you raise it with your manager at the time?

if you didn't discuss either of those issues at the time, and you try to blame them for your redundancy, you might have more of a problem.

The good news is that, although you have no specific extra protection from redundancy while pregnant, most employers are a bit paranoid about discrimination claims and are likely to handle pregnant employees with kid gloves, and therefore be absolutely sure selecting them is fair if they do so.

how pregnant are you? If you are still employed at 15 weeks before your due date you will still get your SMP even if you are subsequently made redundant.

naturopath · 13/01/2009 22:28

hmm, think I'll only be around 20 weeks when they inform the affected people. If they let me work out a notice period it might possibly swing it..
Unfortunately didn't raise those issues at the time as (a) didn't want to rock the boat (b) didn't tell work I was pregnant until 10 weeks and (c) credit cruch etc. - there was generally less work around anyway.
I did discuss the whole working hours thing with my boss (I work full time, but no overtime really) and said that I had this dilemma of wanting to work hard etc. but still breastfeeding etc. so had to get home.. we kind of left the discussion as "it's a difficult situation"., but he did admit that I wouldn't be given some jobs because they entailed working longer hours. Then again, I thought I was ok with that.
I did say to him recently that as I had stopped bf and ds sleeping well, he could consider me for those jobs again, but no work around really (hence the redundancies)..

OP posts:
flowerybeanbag · 14/01/2009 08:58

When they go ahead you will be informed of the criteria used for selection, so if you feel that there are mitigating circumstances that are affecting those criteria, you can certainly raise it. It would just be better and more credible if you had raised the issues at the time.

If your contract has a provision in it to pay in lieu of notice, then they can terminate your employment immediately as long as they pay you notice, so you may lose out on SMP.

If your contract doesn't have a pay in lieu of notice clause, they don't have that right and would either have to let you work your notice, taking you over the 25 weeks (assuming your notice period is long enough to do that), or put you on gardening leave, or compensate you for the loss you suffer as a result of being terminated without notice. So in that case, you would make the argument that terminating without notice is denying you your right to SMP and they'd have to address that.

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