just out of consultation but things have changed

in_shock_2

Hi

I have been under a period of consultation following the merger of 2 businesses. We have been through the hard process of applying for and interviewing for our own jobs, and thankfully I was told a few days before Xmas that I was to be offered my old job and was officially out of consultation. The new role (old job) started on 1st Jan for the new company and it has a 13 week trial period at the end of which either party can terminate the job but I would still be eligible for redundancy.

Now here's the tricky part - I have just found out that I am pregnant. It was totally unplanned and according to the Dr I must be part of the unlucky 0.03% that the mini-pill sometimes fails for. This is a massive shock as I am almost 40 and we already have 2 kids.

I will have to tell my employer in the next few weeks which will still be in the trial period - what are my rights? Can my employer terminate my employment at the end of 13 weeks without giving a full reason (ie if they are pi55ed off that I am pregnant).

TIA

getmore4less

What is their justification of 13 weeks trial period if it is your job and not a suitable alternative then their should be no trial.

What will the justificaton if they terminate after 13 weeks clearly not redundancy.

Those not selected when do they leave.


You don't have to tell them untill 15 weeks before it is due but I guess most spot it anyway.

This may be a situation where notifying early establishes the protection you need since they may spot it an claim they did not know.

in_shock_2

I don't know why they have put in a 13 week trial TBH but they have done it as a blanket term to all. The only thing that has changed is our new headoffice is 400 miles further North than the last one - this is actaully better for me as closer to home (I am home-based field staff). I think their thinking was for the office based staff who are having to relocate, this gives them 13 weeks to see if it is workable or not and if not they can still walk away with their redundancy.

Thanks for replying.

ETA - those not selected are being given 3 months notice from Monday.

getmore4less

I can see that a 400mile relocation is a potentialy suitable alternative that might need a trial, a 13 week one is quite generous.

If they are putting the rest on notice they have a chance to change their minds if the chosen ones decide to leave.

I don't see how your job needs any trial it is your old job and the new head location that you potentialy visit from time to time is closer so once selected to stay you are just not redundant, this cannot be a potentialy suitable alternative that can have a trial.


I would get a legal opinion, but I would think that to make you redundant could be a problem for the company independant of the pregnancy.

A blanket trial does not seem appropriate, it might be the company are being nice to the employees basicaly giving them 13 weeks to find another job and stay if they don't.

What's the history of treating employees especialy pregnant ones it may be there is nothing to be concerned about if they normaly play by the book.

in_shock_2

The 2 companies that have merged were a UK based business with 1500 employees (the one I worked for) and a Worldwide business with 5000 employess. Less than 100 people were affected by the merger and put under consultation.
To be fair both companies as far as I am aware seem to do things by the book, so hopefully I don't have anything to worry about.

Thank you for taking the time to reply - I do appreciate it

warmhands.coldheart

in_shock wrote: »

Hi

I have been under a period of consultation following the merger of 2 businesses. We have been through the hard process of applying for and interviewing for our own jobs, and thankfully I was told a few days before Xmas that I was to be offered my old job and was officially out of consultation. The new role (old job) started on 1st Jan for the new company and it has a 13 week trial period at the end of which either party can terminate the job but I would still be eligible for redundancy.

Now here's the tricky part - I have just found out that I am pregnant. It was totally unplanned and according to the Dr I must be part of the unlucky 0.03% that the mini-pill sometimes fails for. This is a massive shock as I am almost 40 and we already have 2 kids.

I will have to tell my employer in the next few weeks which will still be in the trial period - what are my rights? Can my employer terminate my employment at the end of 13 weeks without giving a full reason (ie if they are pi55ed off that I am pregnant).

TIA

two points.

Why do you have to tell your employer in the next few weeks? If you are happy to wait until after the "trial" period is over then wait.

Secondly...... They would be a very brave company to make a pregnant woman redundant pretty much straight after them offering you a job back unless they had rock solid evidence that you were in some way underperforming...... Pregnant woman actually have more employment rights than your average worker in that respect.... do you think they would risk an employment tribunal ??

in_shock_2

warmhands.coldheart wrote: »

two points.

Why do you have to tell your employer in the next few weeks? If you are happy to wait until after the "trial" period is over then wait.

Secondly...... They would be a very brave company to make a pregnant woman redundant pretty much straight after them offering you a job back unless they had rock solid evidence that you were in some way underperforming...... Pregnant woman actually have more employment rights than your average worker in that respect.... do you think they would risk an employment tribunal ??

Hi, I thought by telling my employer early I was maybe protecting my rights within the "trial" period

warmhands.coldheart

in_shock wrote: »

Hi, I thought by telling my employer early I was maybe protecting my rights within the "trial" period

Possibly but only you will know how your employer will take it....
If a good employer, they will of course take all into cosideration and if your work is good then all should be OK.

BUT

If you are very much just another number in a big firm and this could cause a lot of "hassle" for them in their eyes (i.e. you'll be going off in x weeks and they will have to get a temp in for 9~12 months and it'll cost them money and hassle) they may use this as an excuse to pick holes in your work.

getmore4less

warmhands.coldheart wrote: »

Possibly but only you will know how your employer will take it....
If a good employer, they will of course take all into cosideration and if your work is good then all should be OK.

BUT

If you are very much just another number in a big firm and this could cause a lot of "hassle" for them in their eyes (i.e. you'll be going off in x weeks and they will have to get a temp in for 9~12 months and it'll cost them money and hassle) they may use this as an excuse to pick holes in your work.

but that would make it a performance related termination which they could do independant of the current restructure.

I suspect the trial period is not legal anyway something the OP should check.

The OP is not redunandant is doing the same job as they did before the selection process asuming they have not made this a different job with enough changes to make it a potentialy suitable alternative.

I think they would have to use some other way to get rid if they wanted, using the failed the trial could open them to a claim and once the op notifies of the pregnancy the normal protections are established for that as well.

It may be that notifying early gives the company a chance to review the current redundancy list and select someone to remain for maternity cover

warmhands.coldheart

getmore4less wrote: »

but that would make it a performance related termination which they could do independant of the current restructure.

I suspect the trial period is not legal anyway something the OP should check.

The OP is not redunandant is doing the same job as they did before the selection process asuming they have not made this a different job with enough changes to make it a potentialy suitable alternative.

I think they would have to use some other way to get rid if they wanted, using the failed the trial could open them to a claim and once the op notifies of the pregnancy the normal protections are established for that as well.

It may be that notifying early gives the company a chance to review the current redundancy list and select someone to remain for maternity cover

Think I'm just cynical of most employers.....