Q And A
Pregnant and facing a restructure: ask the expert
I am 17 weeks pregnant, my public sector organisation is going through a restructure. The senior management level is being restructured first. The impression was the next level, my level, would be done in the next stage. My pool has been announced - three jobs for four people. Hence a process. I told my employer last week I was pregnant. Now the process is being hurried up and my level is being brought forward. I am very worried and feel this is being done because I am pregnant. Do I have any legal rights?
Answer by Joanna Robson
You are only entitled to have protected status during any such redundancy process once you commence maternity leave, perhaps the reason they are rushing the process through is to ensure that it is completted prior to your commencement of maternity leave, therefore avoiding your protected status in law?
If you are selected for redundancy and you believe that the decision has been reached because you are pregnant, you may have a case for sex discrimination against your employer.
It would really depend on whether you could prove that your employer deliberately applied lower scoring methods to you and you could prove a causal link between your dismissal and your pregnancy. If you require any further clarification, please do not hesitate to get in touch through our website www.babylaw.co.uk.
Joanna Robson is an employment law solicitor specialising in maternity related employment law matters. She is also the founder of Babylaw, set up three years' ago to get the message out there to individuals who are having problems or difficulties at work because of their pregnancy or maternity leave status. Joanna has previously worked in private practice, acting for both claimants and respondents.
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