Redundancy whilst pregnant.

Author
Discussion

edc

9,238 posts

252 months

Thursday 9th June 2011
quotequote all
GeraldSmith said:
Slagathore said:
Do pregnant women get more rights when it comes to sacking/redundancy?
Yes they do. They have a right to be offered any suitable alternative job that may exist and they take precedence over other candidates. In other words if there is another job they can do they have to be offered it even if they are not the best candidate for it.

Making women who are pregnant or on maternity leave redundant is possible, if, for example, the place they work is closing down then they are no different to everyone else. But if it is just some roles that are going then it is something that has to be done very carefully, pregnancy/maternity is the most protected state in employment law.

Of course if she doesn't mind being made redundant it's not that relevant.
I could be wrong but the special/preferential entitlement to be offered another role applies if the redundancy is to take place during OML/AML. So being merely pregnant does not offer this 'protection'.


GeraldSmith

6,887 posts

218 months

Thursday 9th June 2011
quotequote all
edc said:
I could be wrong but the special/preferential entitlement to be offered another role applies if the redundancy is to take place during OML/AML. So being merely pregnant does not offer this 'protection'.
Yes, I've never thought of it that way but you are right, it is on maternity and not during pregnancy.

Slagathore

5,813 posts

193 months

Thursday 9th June 2011
quotequote all
edc said:
GeraldSmith said:
Slagathore said:
Do pregnant women get more rights when it comes to sacking/redundancy?
Yes they do. They have a right to be offered any suitable alternative job that may exist and they take precedence over other candidates. In other words if there is another job they can do they have to be offered it even if they are not the best candidate for it.

Making women who are pregnant or on maternity leave redundant is possible, if, for example, the place they work is closing down then they are no different to everyone else. But if it is just some roles that are going then it is something that has to be done very carefully, pregnancy/maternity is the most protected state in employment law.

Of course if she doesn't mind being made redundant it's not that relevant.
I could be wrong but the special/preferential entitlement to be offered another role applies if the redundancy is to take place during OML/AML. So being merely pregnant does not offer this 'protection'.
Blimey. I've read a few comments on here before about employing women of a certain age because of risk they might decide to have children. Starting to make a bit more sense now!


Tuscanless Ali

Original Poster:

2,187 posts

210 months

Friday 10th June 2011
quotequote all
Well, well, well, she wasn't expecting that, she got a phone call last night telling her she didn't have to go to the meeting today as they were happy to offer her a new role!


bga

8,134 posts

252 months

Saturday 11th June 2011
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LC23 said:
They are making her redundant while she is pregnant - very brave of them. I would advise her to speak to a good employment lawyer.
They are not brave if they are following due process. It's a widely believed fallacy that it is a problematic or difficult tm make someone redundant while they are pregnant or on mat leave. There are some extra considerations & obligations on the employer but that is it.