Being made redundant at any time is unfortunate, however, having to navigate the redundancy process and job market when you’re pregnant is an even more difficult experience. This article will go into detail about your rights when pregnant, including redundancy rights, and show how using an employment law service can help you navigate the redundancy minefield.

 

Are You Protected from Redundancy While Pregnant?

Let’s get straight into it; can you be made redundant when you are pregnant? There isn’t a clear-cut answer to this, because, where you aren’t exempt from redundancy whilst pregnant, your employer's reasoning behind your redundancy cannot be based on your pregnancy or upcoming maternity leave or leave that you have already taken.

Before redundancy, if there are other suitable positions available, your employer should offer you an alternative vacancy. This is true whether you are a pregnant employee or not.

When you are pregnant, you are classed as a protected party, which gives you legal protections. This ‘redundancy protection period’ commences at the beginning of your pregnancy through to the end of your maternity leave. When you are under the protected period, special considerations must be made to reduce disadvantages experienced through unfavourable treatment, victimisation, discrimination, and health and safety.

 

What is Classed As Maternity Discrimination?

Examples of pregnancy and maternity discrimination include:

• Unfair Dismissal
• Removal of responsibilities or seniority
• A failure to offer a pay rise when you would have had one if you had been at work
• The refusal to promote or offer training because you are pregnant or have been on maternity leave
• A suitable vacancy not being offered to a pregnant woman
• Making an expectant mother take voluntary redundancy because she is pregnant

To combat the risk of maternity discrimination, your employer must take actions to protect you. Your employer must reduce, remove or control any risk they identify that could harm you or your child during pregnancy and breastfeeding. They must also let you know about any safety measures they have put in place so you can continue to work safely.

They should also change your working conditions to remove any risks. For example, they could get you a more comfortable chair, change your hours to avoid rush hour, or let you work from home at times. They can't make any changes you don't agree to.

 

What About Redundancy During Maternity Leave?

If you’re made redundant during your maternity leave, your employer must offer you a suitable replacement role to fill on return. Failure to consult an employee on maternity leave about possible redundancy is likely to be maternity discrimination, which is unlawful. Just as when you are pregnant, you have maternity rights which are the same; that your employer cannot make you redundant because you are on maternity leave.

Termination of your employment whilst pregnant is undoubtedly a distressing experience, though there are systems in place to support you. If you’re made redundant 15 weeks before your baby is due, your right to receive statutory maternity pay (SMP) remains in place following the termination of your contract.

 

What Are Your Redundancy Pay Entitlements When Pregnant?

Your pregnancy doesn’t affect your employment right to receive redundancy pay. If you’ve been continuously employed two years or more, you’re entitled to a statutory redundancy payment based on your length of service, weekly pay, and age.

Your employer should follow the lawful redundancy procedures involving your notice period, right to consultation and right to challenge the decision. If you choose to challenge their motive for redundancy whilst pregnant, having an expert employment lawyer on your side could benefit your case.

How Cavendish Employment Law Limited Can Help With Redundancy While Pregnant

If you are made redundant due to being pregnant, you may have a potential claim, and you can seek legal advice, or make a claim for discrimination. At Cavendish Employment Law Limited, we are specialists in employment law and have won many high-value claims for senior employees and executives. This makes us perfect to assist you with your redundancy when pregnant or when on maternity leave. Get in contact with us today for immediate expert advice.