Redundancy likely

Hello, I hope you can advise me of how best to approach this or at least ask the right questions. We are a small organisation and staff have been advised of imminent 'consultations'. We are aware that our board of trustees have discussed staffing issues on several occasions but this will be the first we hear of future plans. We have also just found out that they have been working with an external HR consultant. We all anticipate it will be redundancies, (or if there is any way of our Director changing our contracts and diddling us out of even redundancy payments we suspect she will do it).
Anyway, basically I am pregnant and from previous discussions due to finish work in October. I have been advised I will have to take my outstanding annual leave prior to maternity leave which will begin in December. My employer has already threatened me with redundancy during a prior discussions about my maternity leave. At the same time she questioned whether I intended to be a 'proper and attentive mother', questioned my relationship status and advised me that it was an inconvenience to both her and other staff. She demanded to know if I was capable of doing my job, and if I could even currently bend over. On discussing my return to work, she stated there probably wouldn't be a job for me. I did my best to stay calm and reminded her that we were discussing my maternity leave and any discussion regarding possible redundancy was an entirely separate discussion.

Currently I wish to understand what I should expect if redundancy is the topic for consultation and what my rights are. Are there key questions I should be prepared to ask at this scheduled individual consultation? (All staff have these sessions). Maternity Action suggested I was being discriminated against, but as I am in the later stages of pregnancy (3rd trimester) I really don't want additional stress if it can be avoided.

Essentially can they make me redundant while I am on maternity leave? Or just prior to going on leave, which as I have said is imminent?

Any advice gratefully received!

Comments

  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hello, I hope you can advise me of how best to approach this or at least ask the right questions. We are a small organisation and staff have been advised of imminent 'consultations'. We are aware that our board of trustees have discussed staffing issues on several occasions but this will be the first we hear of future plans. We have also just found out that they have been working with an external HR consultant. We all anticipate it will be redundancies, (or if there is any way of our Director changing our contracts and diddling us out of even redundancy payments we suspect she will do it).
    Anyway, basically I am pregnant and from previous discussions due to finish work in October. I have been advised I will have to take my outstanding annual leave prior to maternity leave which will begin in December. My employer has already threatened me with redundancy during a prior discussions about my maternity leave. At the same time she questioned whether I intended to be a 'proper and attentive mother', questioned my relationship status and advised me that it was an inconvenience to both her and other staff. She demanded to know if I was capable of doing my job, and if I could even currently bend over. On discussing my return to work, she stated there probably wouldn't be a job for me. I did my best to stay calm and reminded her that we were discussing my maternity leave and any discussion regarding possible redundancy was an entirely separate discussion.

    Currently I wish to understand what I should expect if redundancy is the topic for consultation and what my rights are. Are there key questions I should be prepared to ask at this scheduled individual consultation? (All staff have these sessions). Maternity Action suggested I was being discriminated against, but as I am in the later stages of pregnancy (3rd trimester) I really don't want additional stress if it can be avoided.

    Essentially can they make me redundant while I am on maternity leave? Or just prior to going on leave, which as I have said is imminent?

    Any advice gratefully received!

    Hi

    There is nothing to stop your employer actually selecting you for redundancy or making you redundant while you are on Maternity leave but if they do so then it would be unfair dismissal. Therefore Maternity Action is correct in what they are saying in that it is likely that your employer is discriminating against you

    The law says that if the client can show at an employment tribunal that the main or only reason for the dismissal was one connected with being pregnant or having a baby, the dismissal will be automatically unfair. This includes pregnancy or any reason connected with it, for example, pregnancy-related illness, taking maternity leave and/or being made redundant during, or at the end of, her maternity leave, and not being offered a suitable alternative job which is available.

    Dismissing a woman whilst she is on maternity leave will be automatically unfair if it happens while the woman is on maternity leave, or for a reason connected with her pregnancy.


    It has been established by the House of Lords that selecting a woman for redundancy because she is pregnant will mean she is automatically unfairly dismissed. Additionally she will probably also have a claim under he equality Act essentially for sex discrimination.

    Follow the link below to the ACAS website which gives more information.:

    http://www.acas.org.uk/index.aspx?articleid=1753

    If you are selected for redundancy then you will need to get advice in person from you local CAB. See www.adviceguide.org.uk for details of your local bureau

    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • YoYoY
    YoYoY Posts: 281 Forumite
    ...Dismissing a woman whilst she is on maternity leave will be automatically unfair if it happens while the woman is on maternity leave, or for a reason connected with her pregnancy...

    I'm sorry, but that doesn't sound correct at all.
    I think you may have misinterpreted whatever the source of your advice was.

    There's a clearer explanation on the Directgov website:
    Your employer can make you redundant while you are on maternity leave if they can fairly justify their choice. For example, your employer might close the section of their business that you normally work in and make all employees in that section redundant. Then your employer can make you redundant as well.
    http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088
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