Redundant whilst Pregnant

Help_me_please_5

I have searched the forums, but I don't think that this has been covered.

I am after some advice, please.

My wife has just been made redundant, 3 weeks before she is due to give birth.
She was called into work 3 weeks prior, to attend a private meeting to discuss possible redundancies.
Along with 4 other employees in her department, she was given marks with relation to timekeeping, length of service etc.

Therefore, she was 1 of 5 people who could have been made redundant, but she is the only pregnant candidate!
She was the only employee from that department who was made redundant!

Some time into her preganancy, it was verbally agreed by her boss, that when she returns to work, it would be on a part-time basis.
- I'm not sure if this would have any bearing, if there is a case to answer...

Are we entitled to see the marks awarded to each potential redundancy candidates?
I would especially be interested to see the length of service marks, as she was employed there for nearly 6 years.
There's at least 1 in the department who has been employed there for just over 1 year.

Her time keeping, attendance, workrate etc has never been questioned, so I am at a loss as to why her 'score' would be worse than any of the other 4 candidates.

I welcome any advice, please.

Many thanks

Pete111

What is odd here is that they are getting rid of just 1 role just as your wife is due to give birth

The department is going to be 1 down anyway if your wife goes on maternity. They will have to pay her Statutory Maternity pay even if they make her redundant as she was employed during the qualifiing period so they will be no better off financially unless they have a company maternity scheme that offers enhanced pay. (do they?)

As such it may have been simpler (and safer from a grievance/tribunal perspective) to allow her to go on maternity, not backfill her role and then deal with any need for redundancy further down the line.

Your wife should be entitled to see where she came in the marking (though employers can be very reluctant re this - you may need to push them) and she can appeal the redundancy decision.

If I were you I would

1) Ask to see the markings (anonymised)
2) If you feel this is incorrect, appeal the decision on the basis of selection
3) If you genuinely feel her your wifes pregnancy was a factor in her being selected, appeal on this basis also

In addition:

a) Ask for written confirmation that Stautary maternity pay would be remain available even if the redundancy was confirmed
b) Get details of the proposed Redundancy package

You may also want to give ACAS a ring - use google to get their number - they will be well placed to advise you also

GotToChange

Sorry to hear what has happened; and what awful timing!
(Bleeping Bar-stewards)

I know for sure that there will be cleverer than me along to give you direction - but there are of course rukes about redundancy selection processes and timing and I don't doubt that as a pregnant lady, there are issues about your wife's selection.

I think that some things will depend on the size of the company - i.e. number of employees - also a consulation period has to be adhered to and Union (if there is one) involvement. You know of course to ring ACAS for their esteemed advice, although you may have the "on-hold" nightmare.

I shan't ramble on because I am such a thicko about this (even though having been through redundancy in a non-pregnant state myself); I hope that she either keeps her job or takes them for all she can and that you all come through this just fine with new little bubs.

Rockporkchop

Sorry no words of wisdom for you but what a completely sh*tty thing to do to your wife just before she is due to give birth. I'm shocked that a company would do this rather than letting her enjoy her maternity leave in peace and then sorting something out down the line.

Best of luck with the new baby and I hope your wife takes her firm to the cleaners.

Help_me_please_5

Sorry, I forgot to advise in my original post that, although there was 1 being made redundant from her department, they had to make a total of 7 redundencies made from that depot.

I think that they did not want to be 2 members of staff short in her small department (was 5 members of staff) whilst she is on maternity leave.

Being the cynic that I am, I think that perhaps the 'score system' that they implemented was thought up to make sure it was the pregnant lady that scored the lowest - Does anybody know if there is a set system that needs to be followed?

Many thanks for your thoughts & advice - A.C.A.S is perhaps the way forward

missile

It is never easy for anyone being made redundant. If her pregnancy was a factor and that would be discriminatory.

From what you say, it seem that the company has a procedure for deciding. You can ask to see a copy of the procedure used for the scoring, but I don't think you will (or should) be given access to a.n.other persons scores.

Help_me_please_5

Once again, many thanks for all of your kind advice.

I have found this, on Direct . Gov. UK
/Pregnancyandmaternityrights/DG_175088
(Sorry, I am not able to post links, as a newbie)

Your employer can make you redundant while you are on maternity leave if they can fairly justify their choice. For example, if your employer is closing a section of their business that you normally work in and making all employees in that section redundant, your employer can make you redundant as well. However, if your employer needed to make staff cuts across the company, they cannot make you redundant because you are on or about to go on maternity leave.

As my wife's department has not been closed, how do you think we stand ?
Thanks in advance.

rikbar

Help_me_please wrote: »

" they cannot make you redundant because you are on or about to go on maternity leave"

You will find that this is the key part of the quotation that you raised, and does not change anything at all.

Currently her firm are stating that they have made her redundant as she scored the lowest in the group of 5, not because she is pregnant. If they know what they are doing they will ensure that they have a criteria based system that does not discriminate on these grounds, although people don't always seem to know what they are doing.

As has been advised above, get a copy of the criteria used and her marks. Contest any scores that you feel she can prove to be incorrect. If the criteria are biased against pregnant women or even just her, then contest that also as discrimination. These are your key routes, don't get confused and think that pregnant people cannot be made redundant, anyone can be, but as in all cases the method of chosing the person to go must be fair and transparent.

HTH

Rikbar

RobertoMoir

Help_me_please wrote: »

Once again, many thanks for all of your kind advice.

I have found this, on Direct . Gov. UK
/Pregnancyandmaternityrights/DG_175088
(Sorry, I am not able to post links, as a newbie)

Your employer can make you redundant while you are on maternity leave if they can fairly justify their choice. For example, if your employer is closing a section of their business that you normally work in and making all employees in that section redundant, your employer can make you redundant as well. However, if your employer needed to make staff cuts across the company, they cannot make you redundant because you are on or about to go on maternity leave.

As my wife's department has not been closed, how do you think we stand ?
Thanks in advance.

Well that bit about a department closing was an example, not the one definitive reason in the whole world that you're allowed to make a pregnant person redundant. If her department is overstaffed by one person they can select one person for redundancy and providing they make the selection fairly there isn't anything wrong with that.

Now of course the question is whether or not your wife was selected fairly.

pjcox2005

Just wanted to say hope everything works out for you. You appear to have been given some good advice so far above.

All I would suggest is that to a degree you go into this open minded and not just assume that the company have behaved in a ghastly manner and discriminated against your wife (as others on this post seem to have done). I think you'll get a quicker resolution if both sides have a sensible discussion and understand the full position before making claims.

I may be nieve but I can't imagine any company wants to make redundancies (as it means they are not performing well) and when done will try and carry it out in a fair manner.

clairehi

Sorry this has happened.

An employment tribunal would take a claim like this by a pregnant employee very seriously indeed. If your wife wants to pursue this, please get some independent advice from an employment lawyer or CAB. many solicitors will offer free 30 minute initial consultation. also check whether you have any legal expenses cover on your home insurance. CAB are free and can offer excellent advice- but I know they are often extremely busy.

If she is being offered a decent package she may of course decide it is too much hassle and just to accept it (the employer are probably counting on this!) and it would be her choice of course.