made redundant while pregnant

ameliablue

Hi,

1)I was an assistant of Quantity surveyor and I have been made redundant and my contract terminated immediately with lieu in notice pay in 20th week of pregnancy. (My contract says they can choose to pay in lieu of notice). I expressed that I wanted to work my notice period- I would get the Statutory Maternity Pay - 6 first weeks of 90%wage (I would be still employed in my 15th week before baby is due on the notice period). Do I have still right to get this SMP? I have told them that I would like to work but my boss said that there is a conflict and it is not good for atmosphere in team. When I asked what conflict??(Something new for me), my employer answered: conflict is between him and me as we have different opinion regarding redundancy process and this is why I need to leave immediately.

2) I was pointing out earlier that they did not consider any alternative employment during redundancy process. In answer my employer emailed to me that I can apply for position of: construction site operative, gas inspector, head of accounting department and for other positions, which were in my opinion totally not appropriate. What more, my employer has invited me to apply for this positions when/if they are advertised, not that they would like to move me to these positions in order to avoid redundancy. After termination of my employment my employer has sent me an offer of new employment: to work for company as self employed "construction site manager' again on totally new contract. Could you please advise?

Many thanks
G.

ameliablue

and one question more:
There were few issues which would point out sex discrimination and victimization (legal advisor said). What is the compensation I can get from Employment tribunal as I am worry if it is enough to cover solicitor charges and I would like to be ready in case they will offer me on appeal meeting some money to negotiate.
Facts: I have been employed 2,5 years, they have said they will pay me my notice period (1 mth) + 2x 380 redundancy pay.
I would like to claim loss off: my earnings till due date as very unlikely that I will get new job (19weeks left + 6 weeks of SMP (90% of wage)+some compensation for discrimination, victimization and all this l stress I needed to go through during my pregnancy+ some compensation as very likely it will be much harder for me to get a new job after my maternity leave.
I have registered in Job Centre and will soon receive some Job Seekers Allowance (approx. 60/week). I know it will be deducted from future claim. But for now I do not have any income and need to seek for new job..
Is the solicitor right that I am not entitled to get free legal advice? He added monthly income of my partner with my monthly income (but I do not have income since I have been made redundant) and he said it is too much? What the max. monthly income to be entitled to free legal advices? Should they take into account my past salary?

getmore4less

Some things like holidays and service are calcualted as if you did work notice

You need to check if this includes maternity entilements.

jdturk

I suggest you speak to ACAS and speak to other legal companies and see if you get the same advice...if you do progress from there

lemonjelly

Get advice/a solicitor asap. If you are pregnant, the employer has some extra hoops to jump through & under the sex discrimination act has certain duties to you.

Do you have legal protection on your home insurance or car insurance? If so, that will provide you with access to a solicitor on this matter.

You need legal advice urgently as there are strict time limits for acting...

ameliablue

Many thanks for all advices.
I know I have limited time to send request to Employment Tribunal(3 mths).
The situation is quite complex and I would like to find out what points are essential to be introduced in front of Tribunal and what doesn't have big meaning.
This all situation, me nervously looking for my rights and trying to defend myself is very, very stressful for me. During redundancy process I send few letters expressing my concerns and comments, but the answers were just giving excuses or stating that it has been noted.
I have had appeal meeting today. Basically I have been asked to tell about everything what I do not agree with in front of HR person and manager. They have said, they do not know anything about my case and didn’t go through redundancy process documentation in order to objectively/impartially hear my opinion now. However it ended up that they were picking up in everything what I said and turning against me. I felt like being investigated/ interrogated in disciplinary process hearing not redundancy process. From time to time they were acting like prosecutors attacking me with my supposedly ‘own’ wards. On my request they read part of meeting minutes just taken and I could hear they are changing my words. When I objected that I didn’t say something during this appeal hearing, they were trying to prove/persuade me and my witness that it is what I just have said. I asked them to underline, that I do not agree with their version of interpreting my words. They were not simply/objectively writing questions and answers but their own interpretation of my answers. They were as well persuading me that I answer questions which actually they have never been raised.
Could you please advise how the redundancy appeal meeting should look like?

jessicawshopping

Hi Amelia

Sorry to hear about the situation you are in. I work in a Human Resources department and whenever we have met with individuals who may be subject to redundancy we just tend to answer any questions they may have, we also take note of any reasons they have why they think the redundancy shouldn't happen and any suggestions they have. We tend to look into these, and then report back to them.

Although it isn't illegal to make someone redundant whilst they are pregnant, it is illegal to make them redundant because they are pregnant. Is there anyone else being made redundant or is it just you?

ameliablue

It was 3 people in redundancy (2 permanent contract workers and 1 still on probation period (6mths).
Employer has said they will retain 1 only but at some point during the process they have said that maybe 2 people will be retained.



At that point I sent to my employers my comments regarding criterias and consultation process and after that they employer changed criteria for more ‘objective’. I calculated that against new criteria I will have second score. Shortly before final decision, they have terminated with 1 week notice this new colleague as there was some issues that he made mistake and company has lost some money. However after 1 week there were some signs he still works just not from office.
With him formally not working it was only 2 of us left in redundancy and I was with the lowest score.

old_motters

Take a look at the directdotgovdotuk website. It will describe the rules for which maternity pay will apply on one of the pages within. From my understanding you should be fine to get SMP.

jdturk

Someone may need to confirm or deny this but I thought that if you were made pregnant on your maternity leave then the company would have to offer you the right to another job even if there are better people there to do the job and then you would have the right to trial this and then either take redundancy or carry on with the job.

I would be surprised that they can make you redundant and shorten your notice period (unless the company goes bust) and if your notice period takes you into the maternity pay then you would be entitled to it.

However as I am unsure I would need someone to confirm or deny, someone like Uncertain or Dpassmore.

jessicawshopping

If they have retained people over you they would need to have justification why they have done this. If you were to take them to tribunal over this, it is their duty to prove that they didn't discriminate against you, not your duty to prove that they did (if that makes sense).

I am not an expert in all this, but I would definitely recommend getting some legal advice on this. It might be worth contacting a local solicitor as I know a lot of them offer free first consultations. Or alternatively, give ACAS a call as they are really helpful.

With relation to SMP, it sounds like they have managed to end your employment before you are eligible to receive it from the company (which again would very bad in a tribunal's eyes), therefore you would need to contact the JobCentre and they will arrange for you to receive maternity allowance.

Hope some of this helps a bit