Pregnant and possible redundancy

[OkieCokie]

I am nearly 20 weeks pregnant and we were advised last week that there wass ging to be some "fundamental" changes in our organisation. We are a team of 25 poeple and this affects us all however we are split between 7 countires with only 4 of us in the UK. We have not been put througha proper consultation period but it looks like reduncdanies will be made. Not sure if this will affect us all or a percentage - it is all a bit vague.

I would consider voluntary reduncandy but I am waiting to see if this is offered.

If they only make a percentage of us redundant then am I amy more protected because I am pregnant? I am a good performer and a valued team member however, I am pregnant so I can see that I could be "a problem" to them.

In addition, would I be entitled to SMP?

Should they consult with us correctly as we are a team of 25 or does this UK rule not matter as we are only 4 UK based employees?

If they only offer statuatory redundancy pay is it worth fighting for a better package becasue I am pregnant or do I have no additional rights?

Lots of questions, but it is all a bit vague at the moment. Any advice appreciated!

I guess questions you may be asked by someone more knowledgeable than me (a mere man, and not one who has had dealings with employment law, nor maternity leave) would be:

1. Are your employers already aware you are pregnant ?

1. Given the business is in several countries, where is their HQ (it may make a difference as to whether EU laws would apply to them, or not)... Though of course, as you are in the UK (and presumably a UK citizen) they may be required to abide by UK law. However, as a side issue, did they come to the UK to recruit, or did you go to them ?

(Just wondering if they might try some game where "you can appeal the decision", but they'd require you to go outside the UK and therefore you would be faced with costs of travel, perhaps a local legal representative and a translator, and not want the stress or inconvenience in 5, 10, 15 weeks, so might not attempt an appeal).

Sorry if those seem dumb comments, but yours is not a 'run of the mill' situation really.

Thanks.

They recruited us from the UK as we are all UK citizens. HO is in Switzerland. I assume we are protected under UK law but there as so few of us here!

Also, they do know I am pregnant.

We have just heard that one office is already fine and no jobs will be lost there so it is not a total cull of the team of 25. I just am not sure where I stand if they make 50% or 100% redundant in the UK.

I am concerned about my SMP and the fact that the company pay for my health insurance which covers my entire pregnancy care. I have signed an agreement with the hospital committing to the fees although the insurance company have covered everything so far and cover the birth and all associated care 100%. If I cease to be employed I guess I am screwed on this front!?

As the compant seem pretty clueless about UK law I am just hoping they see me as too much of a risky case to make redandant depsite me thinking I don't really have much of a leg to stand on!

Any other advice? Especailly about SMP and whether I have more rights than I think?
Thanks!

You are not more protected, no. You can't be discriminated against, ie your pregnancy can't be all or part of the reason for selection for redundancy, but that's it.

You will be entitled to SMP as long as you are still employed at 25 weeks pregnancy, which seems likely.

The consultation rule is a UK thing and in any case applies to 20 or more redundancies at one establishment.

No additional rights to redundancy pay because of pregnancy, no.

You need to wait and see, or ask if necessary, how these decisions will be made, ie how people will be selected for redundancy. If they do want to keep some of you at the UK establishment it will be a question of how they decide who. If criteria are about performance, skills, experience, possibly disciplinary record and sickness absence levels, as would be usual, then you will be in just as strong a position as anyone else.

Because your employer isn't allowed to discriminate, or use your pregnancy against you in any way, you may find it works to your advantage as they may be more paranoid about making you redundant than anyone else.

I was made redundant at 5 months pregnant, our whole office was closed down, so no unfair treatment.

I wasn't entitled to SMP but was eligible for maternity allowance, which is an equivalent amount. Not sure how it stands now, but you can check it out here

Not sure about any of the other legal stuff though.

Good luck!

I thought this would be the case flowery and thanks. I am just hoping they are so paranoid (they are not the best at doing things correctly which was apparent during my last pregnany) that they leave me alone!

Can understand your concerns esp re health insurance and hospital fees, since you entered agreement in good faith without knowing this was happening. With HO in Switzerland, there would nothing in EU law to tie them down.

Would perhaps be worth 'making a fuss' about hospital and health insurance only if you are told you will be made redundant. Kick up a stink if it happens but otherwise, may be best not to draw attention to yourself by enquiring. (It's like sticking your head up and having someone use it as a target - if you make an issue now, they have time and perhaps a stronger reason (cost) to consider making you redundant.)

They are in the driving seat, but if they say they are going to make you redundant, that's the time to point out the hospital agreement, and health insurance, and (plead in an agressive way) state that you will not be leaving without a fight as you could be thousands of pounds in debt by their action, knowing you are pregnant and that the health insurance premiums would no longer be paid.

Wishing you well.

Thanks so much for all your advice, all of which made heaps of sence and considering I did not feel I could see the wood from the tress at the beginning of the week it has helped. We have been advised that some offices will close but the UK will be downsized and so far I still have a job so panic over. This may change in the medium term but in the short term I am OK! Thanks again.