Redundancy while pregnant

libbiauctions · 27 January 2009 at 8:23PM

Hi,

I have been told today that it is likely I am going to be made redundant. The problem I have is that I am 12 weeks pregnant (which my employer is aware of). I have worked (very hard) for the company for two and a half years and I am now terrified that I am going to be unemployed, pregnant and not very appealing to new employers.

I really don't know where I stand and would be grateful if anyone could give me advise on redundancy while pregnant, the probability and legalities of getting a new job and in the worse case scenario, what benefits I am entitled to in this situation if I can't get a new job.

Any advise or information would be really appreciated.

Thanks x

orlao · 27 January 2009 at 9:32PM

As long as your company follows the proper procedures they can make you redundant....sorry.

However they do have to prove that you were not unfairly treated ie there had clear and fair criteria that every member of staff at risk of redundancy is judged by, they cannot use your PG and the fact you are entitled to a year off in the near future as a reason.

Is it a large company? Are they reducing staff ( spreading 5 jobs over 3 people, for instance) or closing your department or office altogether?

In the first scenario, you must be allowed to compete on an equal footing with the other staff, usually in an interview and judged on the same criteria ( often but not always....timekeeping, sickness record, qualifications if relevant, transferable skills etc) Just like interviewing for a new job really and wise companies often take the decision making away from your line manager just to prove that the criteria are the ONLY things judged, no favours or personal feelings involved!

In the second scenario, if your job is gone, I'm afraid you are redundant in the truest sense of the word.....they cannot keep you on and make someone who's job is still there redundant as that would be illegal!

I'm sorry but I know nothing about benefits but I guess you will be entitled to JSA and associated benefits? Not a lot I know....and I imagine you will struggle to get another job but that would probably be the case even if you weren't PG.

exil · 27 January 2009 at 9:48PM

My OH faced a similar situation 17 years ago. As long as they didn't make you redundant BECAUSE you're pregnant then they're in the clear.

Benefits - see https://www.entitledto.co.uk

I think you're expected to look for work until the 26th week after which you get Maternity Allowance.

http://www.adviceguide.org.uk/index/life/benefits/benefits_for_families_and_children.htm#benefits_for_maternity

After the birth you don't have to be available for work so can claim income support, plus child tax credit and child benefit

All this depends on whether you're single or not, if not then partner's income is taken into account for most benefits

Hawkings_Boots · 28 January 2009 at 9:50AM

I agree with what everyone says here.

I know its rubbish but they have to treat you the same as anyone else. On the flipside if they gave you a better chance of keeping your job just because you are pregnant that would be discrimination against all the men involved

honeypop · 28 January 2009 at 11:50AM

There are loads of threads on being made redundant while pregnant from the last couple of weeks, have a search and all the info you should need is contained in those.

Unfortunately they are quite within their rights to do it, although it is mean lol. I had no problem getting another job while pregnant after being made redundant, but I will only get Maternity Allowance rather than SMP.

But take a look at the other threads on this, they contain good links and info.

jaffacat_2 · 28 January 2009 at 8:21PM

I am in a similar position, im 19+5 wks pregnant and being made redundant at end of March. I rang ACAS and have been advised that I will get my SMP (via my employer)as I will be in employment (even though I will be on redundancy notice) after the 25 th wk of pregnancy (i.e less than 15wks before my due date).

Not sure when your redundancy is liable to occur and note you are 12wks at the mo....

Not a nice situation to be in, I no several people in this situation

Teazel · 28 January 2009 at 10:01PM

It's not a nice situation to be in but as you're pregnant if they have any suitable alternative jobs going (that you have the skills to do) legally you have to be offered them in advance of anyone else in the company in a redundancy situation.
If you're not entitled to statutory maternity pay you'd be able to claim maternity allowance from the government which is the same amount.

honeypop · 28 January 2009 at 11:11PM

Teazel wrote: »

It's not a nice situation to be in but as you're pregnant if they have any suitable alternative jobs going (that you have the skills to do) legally you have to be offered them in advance of anyone else in the company in a redundancy situation.
If you're not entitled to statutory maternity pay you'd be able to claim maternity allowance from the government which is the same amount.

According to ACAS and CAB they don't have to give you preference for other positions because you are pregnant as they can't treat you more favourably because you're pregnant, just like they can't treat in the opposite way to that either.

Also, although MA is the same weekly amount as SMP, you do miss out on the first 6 weeks at 90% of your average weekly pay, so overall it's less.

Redundancy while pregnant

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