Can You Be Made Redundant While Pregnant?

For many women, pregnancy is a happy and exciting time in the build-up to the new arrival.

However, if you are pregnant and have just been made redundant, you might be suddenly facing a daunting and distressing situation made worse if you don’t know your rights. 

In short, ‘redundancy is a form of dismissal from your job’, and can occur for a few reasons.

The answer to this question is yes, you can be made redundant while pregnant, but only if the reason falls into the category of a genuine redundancy situation. 

While pregnancy doesn’t automatically make you exempt from redundancy, you cannot lawfully be made redundant because you are pregnant, nor should you be selected for redundancy due to pregnancy, maternity, adoption or parental leave.

If you suspect you’ve been unfairly selected for redundancy for reasons relating to your pregnancy, you may be eligible to claim unfair dismissal and pregnancy discrimination.

Under the Pregnancy Discrimination Act, direct or indirect discrimination relating to pregnancy, childbirth or medical conditions related to pregnancy is unlawful.

As every case is unique, it’s important for you to seek legal advice for further support and assistance to work out the next steps.

That said, a genuine redundancy occurs for a few reasons, including:

1. A place of work is closed or moved
2. Fewer employees are required to do the work
3. The type of work that you do will no longer be carried out 

1. A Place Of Work Is Closed Or Moved

One of the main reasons for redundancy is if a place of work is closed or moved on a temporary or permanent basis. 

For instance, perhaps they’re moving to new premises away from the area where you were employed in order to save money, or are deciding to cease business altogether.

In these circumstances, there is a genuine reason for redundancy.

2. Fewer Employees Are Required To Do The Work

Another large reason why redundancy occurs is if fewer employees are required to do the work. 

Whether your company is having to scale back due to cashflow problems, or a new system is introduced that renders your job unnecessary, needing fewer employees to do the work is a genuine reason for redundancy. 

3. The Type Of Work That You Do Will No Longer Be Carried Out 

A genuine reason for redundancy is when the type of work that you do will no longer be carried out.

In this circumstance, the redundancy situation arises when a business continues to operate, but no longer requires the skills for which you were hired.

It is worth noting that if the reasons listed above don’t apply to your personal situation, then it could be that your employer has acted unlawfully. 

It is important to understand that the role that is made redundant as opposed to the person. For instance, if you’re made redundant when on maternity leave and then discover that your employer is keeping the person covering your maternity leave instead of having you back, then this is not a genuine redundancy situation.

In this circumstance, you could potentially take legal action against your employer for unfair dismissal and maternity discrimination.

Maternity Leave & Statutory Maternity Pay 

Under the Equality Act 2010, pregnant individuals are protected from discrimination in employment.

This period of protection begins from the start of your pregnancy, all the way to the end of the period of maternity leave.

If you are made redundant during your maternity leave, regulation 10 of the Maternity and Parental Leave etc Regulations 1999 states that a woman on maternity leave must be offered a suitable alternative vacancy, if one exists, as soon as her post is at risk of redundancy. 

This is because you may be about to give birth or may have been out of the workplace for some time and you would be disadvantaged in having to compete for roles. 

This protection also applies if you are on adoption leave or shared parental leave. This is a form of positive discrimination and if another employee is offered a suitable alternative role instead of you, this would give grounds for a claim to the employment tribunal.

Additionally, if you are made redundant 15 weeks before your baby is due, you still have the right to receive Statutory Maternity Pay following the termination of your contract.

To be eligible for Statutory Maternity Pay, you must ‘earn an average of at least £123 a week’, provide the correct notice and proof of pregnancy, and are required to have worked for your employer continuously for a minimum of 26 weeks.

How We Can Help

At Harding Evans, our team of expert solicitors cover all areas of employment law.

If you suspect you’ve been made redundant due to your pregnancy or for reasons relating to your pregnancy, you could be entitled to make a claim. 

Get in touch today for more information on whether you’re eligible to make an unfair dismissal or pregnancy discrimination claim.