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Chris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“What are my rights if I’m pregnant and have been told that my position may be made redundant?”

If you are pregnant and have been told that your position may be made redundant, then you have a limited amount of protection under UK legislation as follows:

  1. You have the right not to be subjected to unfavourable treatment because of your pregnancy (section 18 Equality Act 2010)
  2. If your dismissal is for a reason connected to your pregnancy then your dismissal may be automatically unfair (section 99 Employment Rights Act 1996)

The reason for your treatment is the crucial factor

If you’re pregnant and have been told that you may be made redundant then whether your dismissal is discriminatory or not will depend upon the “reason why” you’ve been treated in the way that you have (as per Nagarajan v London Regional Transport [1999] ICR 877) – the crucial factor is why you’ve been treated the way you have and whether there are sufficient facts from which a Tribunal could infer that the reason that you’ve been treated the way you have because of your pregnancy (or, at the very least, your pregnancy was a significant influence affecting your treatment). If there are sufficient facts from which a Tribunal could conclude that your pregnancy was the reason (or a significant influence on) why you have been selected from redundancy then the burden passes to your (previous) employer to show that there was a reasonable alternative explanation for your selection for redundancy (e.g. that here was a genuine redundancy situation). As you may have gathered context is everything in a case like this: if you show sufficient facts from which the Tribunal could infer discrimination took place then you have (at the least) a good case; if there is no evidence corroborating your assertion that discrimination took place then you may have difficult persuading a Tribunal that the reason that the reason you have been made redundant is your pregnancy.

In addition to the above, a critical factor in whether you would be a successful with a claim for pregnancy discrimination if you’re dismissed for the reason of redundancy is whether you have been informed of your pregnancy – if you don’t inform your employer of your pregnancy before you are made redundant then you will generally not succeed in a claim for pregnancy discrimination (see the reason Employment Appeal Tribunal case of Really Easy Car Credit Limited v Thompson for an exposition of UK law in this area (our analysis of this case, BAILII). This issue has also been clarified by the recent European Court of Justice decision in Guisado v Bankia SA (our analysis of this case, BAILII)

Difference with maternity leave

If you’re on maternity leave then you are entitled to enhanced protection from being made redundant under Regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312) (see our article on the rights of employees on maternity leave in redundancy situations).

Our solicitors’ views

Chris Hadrill, a specialist employment solicitor at Redmans, commented: “If you’re pregnant and your employer is seeking to make you redundant then whether your redundancy is discriminatory depends upon the context of the situation – if you can show sufficient facts from which the Tribunal could conclude that your dismissal was discriminatory then you could have a good case. If you’re in doubt then contact a specialist employment solicitor to discuss your options.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.62 Average

39 Reviews

Katelyn

The solicitor communicated well with me and made sure I understood everything. He did everything needed for my settlement agreement and tried to get the wording changed in my favour too.

Posted 3 days ago

Anonymous

Redmans provided excellent services

Posted 3 days ago

Sibel U

Excellent service

Posted 3 days ago

Peter S

I was very happy with the level of advise I received from Caroline Lewis, and a very professional service fron Chris, The advice given really helped me and I was comfortable to sign the settlement agreement following my redundancy. I would be more than happy to recommend your services to others.

Posted 3 days ago

Derek S

I very much appreciated the help provided by Redmans in the settlement agreement agreed with my former employer.

Posted 4 days ago

Waseem M

It was the first ime I used Redmans Solicitors and to be honest, thety were amazing. Rana Tandon and Chris Hadrill were out of this world. They made the process as simply and smooth as can be. Thank you so much for all your support over the last week.

Posted 2 weeks ago

Anonymous

Worked very quickly considering right deadlines - and gave great advice

Posted 2 weeks ago

Anonymous

Redmans provided me with excellent advice at a very stressful time. The calm, confident and extremely professional manner in which my solicitor handled my case made the issue much easier to deal with and I was very impressed with the level of service I received.

Posted 2 weeks ago

Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 3 months ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

Posted 3 months ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 4 months ago

Virginia K

Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 4 months ago

Anonymous

Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 4 months ago

Andy W

Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 4 months ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 4 months ago

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 4 months ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 8 months ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 8 months ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 8 months ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 8 months ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 9 months ago