Can I Be Made Redundant When Pregnant?

Being made redundant can be hard to cope with at the best of times, but when you are pregnant and expecting a new arrival it can be a big blow.

Most employers will try and avoid making pregnant employees redundant, but when it comes to the law pregnant women are seen in the same light as any other employees and an employer has every right to make you redundant.

These few questions should help you assess whether you can be made redundant and what it will mean for your statutory maternity pay.

1) How Long is it Until You Have the Baby?

• A) I am still working and it is due in the next two months
• B) It is due in around 15 weeks
• C) I am only three months pregnant

2) How Long Have You Been at the Firm?

• A) Over five years
• B) Around two years
• C) Less than two years

3) What is the Reason For Your Redundancy?

• A) The firm is closing/we have lost a large contract
• B) To cut costs, we are overstaffed
• C) I have not been given a reason for my redundancy

4) Do You Have Any Reason to Suspect Your Redundancy is Because You Are Pregnant?

• A) No, not at all
• B) I have my suspicions
• C) I was told it was because I was pregnant

Your Answers

Mostly A – You Are in a Good Position Financially

If you have no reason to suspect foul play when being made redundant it is important to try and find a silver lining and look at the positives. If your employer has genuinely gone out of business or the firm has lost a significant contract it suggests your redundancy is genuine and not because of your pregnancy.

If you are still working for up to 15 weeks before your baby is due this means you will still be entitled to your maternity pay – even if you are not in employment. In this scenario your employer may choose to give you this in one lump sum. If you have been at the firm for over two years you should also be entitled to the normal redundancy package on top of your maternity pay, providing there are no financial worries at the firm.

Mostly B – Some Questions Remain Over Your Redundancy

If you have any suspicions about how genuine your redundancy is you should immediately contact a solicitor or your trade union. From your answers it sounds like you are on the borderline in terms of what you will qualify for.

If your employer makes you redundant before 15 weeks of your due date you will not be entitled to any maternity pay. It is also bad news if you have not been working at the firm for more than two years as you may not be entitled to any redundancy pay.

Mostly C – You May Have Been Dismissed Unfairly

If you have been told directly that you have been made redundant because you are pregnant you should seek legal advice immediately as this could be good cause to sue for unfair dismissal.

If you suspect it is because you are pregnant but you have not been given a reason for your redundancy you should ask them to give a substantial reason as to why you are losing your job. If after this you feel you have been treated unfairly you should also consider seeking legal advice. Some firms can use redundancy as an excuse to cover up letting you go because you are pregnant.

If you have not passed your 15 week period you will not be entitled to your maternity pay and your employer will need to provide you with evidence as to why you have been let go.

Being pregnant can be a stressful time, you’re worried about money, your job and the new arrival. For some being made redundant when pregnant can seem like a kick in the teeth, but for others it can be a chance to start afresh with a big redundancy pay off in their pocket.

If however you suspect your pregnancy is the reason for your redundancy it is important that you seek legal advice as you could have a case to claim for unfair dismissal.