Made redundant while pregnant
What are my rights if I get made redundant while I'm pregnant? What effect does this have on my redundancy pay?
Kalender
The basic position in relation to redundancy during pregnancy is the same as redundancy at any other time. You are entitled to be fully consulted about the redundancy and selection procedures, to be fairly selected on the basis of fair and objective criteria, and to be offered alternative employment if possible.
If you are made redundant whilst you are pregnant and the reason for your selection as a candidate for redundancy was your pregnancy, then any dismissal will be automatically unfair. In this scenario, you would be able to bring a claim of unfair dismissal for the loss you suffer as a result of the dismissal.
If the situation is merely that as a result of objective and fair selection criteria you have been made redundant - and the procedure followed in doing so has been fair - then it is likely that the dismissal will be fair. You would then be entitled to a redundancy payment in the same way as other employees.
You may have a contractual redundancy scheme, and if so, it should be followed. If not, then the statutory scheme will apply. In order to qualify for this you must have two years' continuous service with your employer. The redundancy payment would then be calculated by taking your weekly earnings, capped at #240 multiplied by the number of years' service you have, multiplied by one (if you are between the ages of 22 and 41). The weekly earnings used in the calculation should be the pay that you received before going on maternity leave, not the sum of maternity pay you were receiving.
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