Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

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).

Tagged with →  

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.79 Average

    277 Reviews

    Siriana B

    Thorough, efficient, and always available to answer my queries. It was a pleasure to deal with.Thanks

    Posted 3 days ago

    Anonymous

    Excellent speedy service

    Posted 3 days ago

    Robert

    Excellent service, very professional. would definitely use again.

    Posted 1 week ago

    Mary B

    I was very happy with the work Chris did for me. I believe with his help I secured a more favourable outcome both financially and in terms of clauses contained in the legal agreement I ultimately signed. I had utmost trust and confidence in the advice Chris provided throughout. Chris kept me informed at every stage and I found him very efficient at bringing matters to a conclusion without unnecessary delay.

    Posted 1 week ago

    Mark M

    I found Redmans very easy to work with. Mel was very responsive, her advice led to an improved settlement. . Recommended.!

    Posted 1 week ago

    Anonymous

    Fantastic service. I would recommend Redmans to anyone who needed a Solicitor. The communication was second to none and consistent clear guidance was given.

    Posted 2 weeks ago

    Anonymous

    Everyone I dealt with at Redmans were professional, empathetic & always responded promptly and helped make the transition as smooth & efficient as possible for me. If you need legal advice, don’t hesitate & contact the team.

    Posted 2 weeks ago

    Anonymous

    Sacha was incredibly helpful and professional. Timely and accurate advice at a time I most needed it. I was extremely impressed and grateful.

    Posted 2 weeks ago

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 1 month ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 2 months ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 2 months ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 2 months ago

    Alison M

    Very happy with the advice I received

    Posted 2 months ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 2 months ago

    Sanja K

    Very efficient and professional service.

    Posted 2 months ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 2 months ago

    Karen T

    Great service. Thank you.

    Posted 2 months ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 2 months ago

    Shanine M

    Excellent service, thank you so much!

    Posted 2 months ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 2 months ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 2 months ago