Voluntary redundancy

Q. At the time a redundancy programe was announced, I put my name down on a list of people willing to consider voluntary redundancy/redeployment. I subsequently discovered that I am pregnant (I am due to give birth in about three months) and am worried that I will lose my entitlement to the organisation’s maternity pay, which is better than the statutory provision. What can I do?

A. Firstly, you need to revoke your decision to be considered for voluntary redundancy: perhaps e-mail your line manager or HR. Although you can still have your post terminated while pregnant, you obviously cannot lawfully be selected for redundancy on the basis of your pregnancy.

Once on maternity leave it will be hard for the employer to lawfully terminate your employment on the grounds of redundancy. To do so it will need to hold meetings with you and if you are on maternity leave, you will be entitled to limit contact and decline to attend any proposed meeting.

If you are facing redundancy imminently, consider starting your maternity leave early. You can start your maternity leave 11 weeks before your due date: you need to give 28 days’ notice. The only circumstance in which your maternity leave can be started earlier is where you become ill for a pregnancy-related reason, which can include pre-natal depression.