Redundancy While Pregnant

[epyrarw]

I am hoping someone is able to clarify things for me. I was informed I was at risk of being made redundant on Wednesday (11th March) and that was the first day of a 30 day consultancy period. They are reducing the number of roles at my level by about 70% and putting everyone through a (let's assume) objective selection criteria to pick the people who will be able to remain in these roles (these are the same as my current role).

 

I understand that if I were on maternity leave, I would be offered one of these roles in preference to others - is this correct?

 

I am not yet on maternity leave, but am due to start this on Tuesday 31st March which I think will be before the earliest they are able to serve me notice (9th April I think). As I will be on ML before this date (but after they have initiated the consultancy period) will I still be eligible for the preferential treatment?

 

Thanks in advance for any clarity!

Edited March 16, 2009 by epyrarw
typo

[elche]

 

1) I understand that if I were on maternity leave, I would be offered one of these roles in preference to others - is this correct?

 

2) I am not yet on maternity leave, but am due to start this on Tuesday 31st March which I think will be before the earliest they are able to serve me notice (9th April I think). As I will be on ML before this date (but after they have initiated the consultancy period) will I still be eligible for the preferential treatment?

 

Thanks in advance for any clarity!

 

1) Correct - The basic position is that an employee on mat leave can be made redundant. You must be have been consulted if you were to be made redundant whilst on mat leave.

 

No consultation would make any eventual dismissal for redundancy certainly unfair.

 

In addition, "Where during the AML period (the first 6 months) it has become not reasonably practicable by reason of redundancy for the employer to continue to employ you under your existing contract of employment then, as applies to redundancy occurring during OML (the second six months) leave, you would be entitled to be offered any suitable alternative vacancy with your employer, or an associated employer, on terms 'not substantially less favourable'.

 

And, not forgetting that any such offer should be in preference to any colleagues made redundant at the same time as you, provided that the post would have been suitable and appropriate for you.

 

2) Therefore you should have commenced mat leave by the time you will be formally be made redundant.

 

Are there more than 20 employees at risk?

What date is your EWC?

 

Che

[epyrarw]

thanks. There are more than 20 people being made redundant, but not sure whether there are more than 100 (this is the 90 vs 30 day cut off?). My due date is 22nd April.

[elche]

thanks. There are more than 20 people being made redundant, but not sure whether there are more than 100 (this is the 90 vs 30 day cut off?). My due date is 22nd April.

 

Ok then the stat 30 consultation will apply. Thus you will be on your mat leave when made red.

 

Was only asking about EWC to see if you could trigger your mat leave early by claiming a pregnancy related illness.

 

But it would appear that is not needed as the 30 day deadline should not be shortened.

 

Good luck

 

Che

[epyrarw]

Thanks for your help! I'll see what they come back with!

[Alipeeps]

You should also be aware that whilst a company can make you redundant whilst pregnant, they will need to prove that your pregnancy was not a factor in their selecting you for redundancy. Should you be made redundant and choose to raise a grievance on the basis that you were unfairly dismissed by reason of your pregnancy, the onus will be on THEM to prove that your pregnancy was not a factor (by providing objective proof of what criteria/selection matrix was used to select you as opposed to your colleagues).

 

Ali