What are your redundancy rights as a pregnant woman?

Although your pregnancy doesn’t make you exempt from redundancy, your employers reasoning behind your redundancy cannot be based on your pregnancy or upcoming maternity leave or leave that you have already taken. If you think this is the case, your situation may amount to an automatically unfair dismissal.

Instances like this are all too common. We often support women who feel they’ve been subject to discrimination in the workplace since announcing their pregnancy. Under the Equality Act 2010, pregnant women are protected from discriminatory behaviour in employment, from job applications, right through to dismissal.

Under the Act, special considerations must be made to reduce disadvantages experienced through unfavourable treatment, victimisation, discrimination, and health and safety. If you’re made redundant during your maternity leave, your employer must offer you a suitable replacement role to fill on return.

Termination of your employment whilst pregnant is undoubtedly a distressing experience, though there are systems in place to support you. If you’re made redundant 15 weeks before your baby is due, your right to receive statutory maternity pay (SMP) remains in place following the termination of your contract.

What is the Protection from Redundancy (Pregnancy and Family Leave) Act 2023?

From 6 April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends the ‘protected period’ for pregnant employees or those taking maternity leave. The length of this protected period varies:

• For pregnant employees who take maternity leave: the protected period starts when the employee notifies their employer of their pregnancy, and ends 18 months after the baby has been born
• For employees who have suffered a miscarriage (before 24 weeks): the protected period starts when the employer has been notified of the pregnancy and ends two weeks after the end of the pregnancy
• For employees taking adoption leave: the protected period starts at the beginning of the adoption leave and ends 18 months from the date of placement, or date of entry into Great Britain, if it’s an overseas adoption
• For employees taking shared parental leave (SPL): the protected period starts at the beginning of SPL. If less than six weeks of SPL have been taken, it ends when SPL ends. If more than six continuous weeks of SPL are taken, it ends 18 months from the baby’s date of birth. Note that if the employee has taken maternity or adoption leave, the periods stated above will apply instead.

How do you qualify for statutory maternity pay (SMP)?

To qualify for 39 weeks SMP you:

• Have 26 weeks of continuous service to the company before the 15th week of expected childbirth
• Are still pregnant 11 weeks before the expected week of childbirth
• Have given correct notice (at least 15 weeks before your due date) and a midwife or doctor certificate of EWC
• Earn at least £120 on average in the eight weeks or two months before the end of the qualifying week

It’s important to note that you’ll not receive SMP if you’re made redundant and your employment ends before your qualifying 15th week before the baby is due, but you may be able to claim Maternity Allowance.

What are your redundancy pay entitlements?

Your pregnancy doesn’t affect your employment right to receive redundancy pay. If you’ve been continuously employed two years or more, you’re entitled to a statutory redundancy payment based on your length of service, weekly pay, and age.

Your employer should follow the lawful redundancy procedures involving your notice period, right to consultation and right to challenge the decision. If you choose to challenge their motive for redundancy whilst pregnant, having an expert employment lawyer on your side could benefit your case.

Our highly experienced lawyers are on-hand to offer specialist advice and support to ensure you achieve the best possible outcome and are treated fairly throughout the process. If you think you’ve been unfairly dismissed or targeted due to your pregnancy, or would like to discuss your rights to SMP, call us on 0330 041 5869, or contact us online and we’ll call you back.