Answer by Anna Docherty

There are strict legal criteria around how employees are selected for a redundancy “pool” which are not affected by whether someone is pregnant or not. If there is more than one person with same/similar skill set then all employees must be included in the pool. As long as a fair selection process is applied across the pool for selection, employees on maternity leave may be selected for redundancy. Obviously absence on maternity leave must not be used as a selection criterion for redundancy.  From what you have said, it sounds like your employer has not treated you fairly in the selection process by singling you out when others do similar roles.

Once in a redundancy pool, you are entitled to individual consultation with your employer to discuss issues like the rationale for the job closure, alternatives to redundancy, redeployment opportunities, selection criteria for selecting individuals etc. It does not matter that you were on maternity leave, your employer legally must discuss with you that your job is at risk. You indicate that your employer has spoken to you about the redundancy but it does not sound like you have had at least 30 days of consultation and appropriate 2 way dialogue.

Following on from this, by your employer identifying you as being at risk of redundancy, as you were on maternity leave legally they must give you first refusal on any available alternative jobs over and above other staff who are not pregnant/on maternity leave. It does not sound like they have considered this. 

You mention that you were asked at interview whether you planned to have a family. If the employer could prove that he asked every candidate the same question, whether male or female then they could argue that you were not being treated differently to anyone else but it sounds unlikely that this did occur.

Overall, it does sound like you have been treated inappropriately by your employer and that you may well have a legal case against them. Redundancy is a very technical process as well as being very stressful for those involved. I would suggest that perhaps you contact ACAS who provide an impartial, free telephone advice line who may then be able to advise on whether you need to see independent advice. Their number is 08457 474747.

I wish you all the best in this difficult time.

Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.