redundancy when pregnant

claire99991

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Im coming up to eing 14 weeks pregnant, i informed my employer that i was pregnant when i was 6 weeks in a letter that ive kept a copy of and sent recorded delivery. I have been told that they will have to do a risk assesment but nearly 8 weeks later im still waiting despite asking several times. They told us last night 1 person is getting made reduntant on wednesday as they are over budget. They said they use the last in 1st out method well i wasnt the last one in another girl has been there 11 months (ive been there 2 and half years) also her attendance is the worst. However she is screaming blue murder that she wont be going and so i think they will go with the one after her which is me! they arent very pregnancy friendly when my boss spoke to me after recieving my letter he said 'what have you gone and done a thing like getting pregnant for' also he hasnt sorted the risk assesment and when i told him i was being very sick and could i just take a min to sit down after i had been ill (and i mean 1 min) he said im discriminating the other staff as they carnt just have a break whenever they want one this was infront of other staff so he made me look a complete fool. Anyway i just wanted to know where i would stand if its me for the chop tomorow can i claim unfair dismissal as i dont think it should be me who goes with ppl starting after me and i have the best attendance record. Its all worrying me. :cry:
 
not got much advise apart from i know they cant fire you for being pregnant and if that other girl was last in then it should be her that goes (sorry if that sounds harsh) as its only fair
if they tell you its you then i would be straight onto citizens advice as its unfair dismissle

hope everything works out for you
 
They would have to prove why they got rid of you and not someone else in the company...

last in first out is illegal now

so basically they have to set up a list of employees at the company and put down why you above anyone else would get made redundant...

do you have any warnings, lates, sickness against you?
 
no warnings lates or time of with sickness against me, this other girl has at least 2 nights of a month which has gone on since she started.
 
If you have nothing at all on your record they cant choose you, unless theyre completely underhanded and in that case then yes you can claim unfair dismissal
 
It doesn't sound like that can select you n any reasonable grounds.
They'd be stupid to try.

Best thing you can do hon is call ACAS on 08457 47 47 47 and tell them what the situation is - they will tell you everything you need to know and what you should do to protect yourself.

The attitudes you've experienced already are not acceptable.
(Although I've given up on getting an *actual* risk assessment from mine)
 
How many employees are there, as that will affect the redundancy procedure. They cant just pick one of you and let you go.

How should my employer be selecting employees for redundancy?

Ideally, your employer should consult affected employees over this issue. The redundancy selection criteria arrived at should be objective wherever possible, precisely defined and capable of being applied in an independent way. This is to ensure that the process is conducted fairly. The chosen criteria should be consistently applied by all employers, irrespective of size. There should also be an appeals procedure.

Examples of such criteria:

attendance record (if this is fully accurate and reasons for and extent of absence are known)
disciplinary record (if this is fully accurate)
skills or experience
standard of work performance
aptitude for work
Formal qualifications and advanced skills should be considered, but not in isolation.

When are redundancies 'unfair'?

You will be found to have been unfairly dismissed if you were unfairly selected for redundancy:

for asserting a statutory employment right
on parental leave (see Working parents) or maternity-related grounds
because you work part-time (Part-time work)
because you are a fixed-term worker (Employment contracts)
for exercising or seeking to exercise the right to be accompanied at a disciplinary (Discipline) or grievance hearing (Grievances)
requesting flexible working arrangements
for a reason relating to rights under the Working Time Regulations 1998
for a reason relating to rights under the National Minimum Wage Act 1998
for a reason relating to the Tax Credits Act 2002
for Whistle-blowing
for participation in trade union activities, for membership or non-membership of a trade union and in respect of trade union recognition or derecognition
for carrying out duties as an employee representative or candidate for election for purposes of consultation on redundancies or business transfers
for taking part in an election of an employee representative for collective redundancy purposes
for taking action on health and safety grounds as a designated or recognised health and safety representative, or as an employee in particular circumstances
for taking part (or proposing to take part) in consultation on specified health and safety matters or taking part in elections for representatives of employee safety
for taking lawfully organised industrial action lasting eight weeks or less (or more than eight weeks in certain circumstances)
for refusing or proposing to refuse to do shop work or betting work on Sundays (England and Wales only)
for performing or proposing to perform the duties of a occupational pension scheme trustee
for performing or proposing to perform the duties of a workforce representative for the purposes of the Transnational Information and Consultation of Employees Regulations 1999
or if the selection criteria employed were deemed to be discriminatory under any of those grounds prohibited by law.

This is from here: https://www.acas.org.uk/index.aspx?articleid=1611
 
Hi hun. I sounds like the girls have provided a lot of great info already. Just wanted to add my two cents. Firstly, I'm not sure if the law is the same in the UK as it is here, but pregnancy is actually covered under the discrimination law classed as a disability. With this protection, your employer HAS to provide you with reasonable accommodation for said disability, (which in your case would be allowing you a min to regain composure after being sick). While pregnant with Erica, I was so sick. I was diagnosed with HG, and worked for a little while still. I'd be getting sick in a trash can, and my boss would be telling me to get back to my desk. After telling my doctor about it, they just wrote me off of work since they were making it so miserable for me. In regards to termination while being pregnant, they have to show that there was a valid reason to terminate your employment even if you are not in a contract. My previous employer ended up firing me while out with a doctors note on leave. They said I abandoned my job, even tho I was on approved leave! I did contact an attorney who agreed to take my case, but while still being pregnant, I decided not to (Really regret that now!!!). What I recommend is keep record of EVERYTHING your co-workers or bosses say or do in regards to you or your pregnancy. Saying what your boss did was completely out of line. My boss also started giving me worse duties that were not in my job description, one even asked me "what I was going to about it" about being pregnant, asking if I was going to terminate the pregnancy. None of those kinds of statements are acceptable. Keep track if people start treating you differently, these can all be used if they did terminate you and you filed a suit against them. I hope it doesn't come to that and everything works out for you hun! :hugs:
 

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