Can i be made redundant when pregnant




















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Criteria that indirectly discriminate against women e. Also see our page on what to do if you are under threat of redundancy. If you are selected for redundancy during maternity leave, you must be offered any suitable alternative vacancies before other colleagues. There are similar requirements for shared parental and adoption leave. You do not have to apply or be interviewed for any suitable alternative vacancy but should be offered it over your colleagues.

Your employer also cannot wait until all available vacancies have been filled before determining whether there is a suitable alternative vacancy. To be a suitable alternative vacancy, the terms and conditions of the new job must not be substantially less than the old job.

This must be determined in each case considering your individual circumstances, and whether the new job is similar in terms of status, content, salary, hours and location.

If you are not offered a suitable vacancy, or your employer insists that you apply for an alternative role, you may have a claim for unfair dismissal so it is important to seek advice. Please note that you should make the decision to decline an offer for an alternative vacancy carefully. If your employer offers you a suitable alternative vacancy and you turn it down unreasonably you will lose your right to a redundancy payment. Whether it was reasonable for you to turn it down depends on your reasons and can include your health and your personal or family commitments.

Whether or not you receive redundancy pay and notice pay depends on how long you have worked for your employer. Your contract might also give you more than the legal minimum.

You should always check your contract to see what it says. For more information, see our FAQ on on redundancy and notice pay. You will be entitled to statutory redundancy pay if you have been employed by your employer for at least 2 years.

Your terms and conditions are continuous during family-related leave. Your employer must count leave as continuous employment for redundancy pay purposes even though you were not in work. If you are on family-related leave, your redundancy pay should be calculated based on your pay before your statutory leave period started.

If your contract provides for more generous pay, your redundancy pay should also not be calculated on this basis. If you returned to work on reduced hours or part-time after your leave period, your redundancy pay will be based on your pay at the time of the redundancy.

Your length of service will be based on how long you have been in your job including years working full-time and part-time. The rules around notice pay and family leave are complex and not clear. Your work status will affect the statutory benefits you are entitled to and your employment contact may offer enhanced benefits for you during your maternity leave, which you would lose if you were made redundant.

The key thing to consider is whether you are being made redundant for one of the three reasons listed above, or if you are being made redundant because you are pregnant.

For more information see Pregnancy and Maternity Discrimination at Work. As part of any redundancy procedure, an employer is under an obligation to ensure that they explore alternative roles within the organisation as an alternative to redundancies.

In some cases, an employer will invite employees at risk of redundancy to apply for roles where there are more people at risk of redundancy than there are roles available. An employer is under an obligation to offer such a role to a pregnant employee in preference of other employees affected by the redundancy. If your employer refuses to appoint you to a role you feel would be suitable or insists that you have to interview for the role, you may have a claim for discrimination at work and automatic unfair dismissal.

If you think you are being made redundant because you are pregnant, you could have a claim for discrimination at work and automatic unfair dismissal. Your employer should have fair selection criteria which they will use to select who should be made redundant. These criteria could be:. Your employer should use a number of criteria to score each employee against to help them select for redundancy.

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