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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am 10 weeks pregnant, my bosses are not aware of this as

Resolved Question:

I am 10 weeks pregnant, my bosses are not aware of this as yet. I have heard thru the grapevine that the company is downsizing in the coming months and my job may be axed. It it not guaranteed as nobody's is. Should I tell them NOW I am pregnant as will that deem me unemployable and will therefore take away my right to maternity leave. It will be impossible to find a PA job heavily pregnant for sure. Very concerned as I with my partner, have just secured a mortgage and we are in the move in the next couple months. Talk about stressful.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Are there likely to be other positions for you to do instead?

Customer: It is unlikely as they are downsizing my 2/3 rds not looking good I have to say. I would take on another role just to keep employed
Ben Jones :

Are you likely to be on maternity leave when the redundancies take place?

Customer: No like I said I am only 10 weeks pregnant and redundancies have been rumoured to be taking place in the the next month or so, I would have stayed on until September a month. Before my due date.
Ben Jones :

ok thanks let me get my response ready please

Customer: R u still there . .
Ben Jones :

yes

Ben Jones :

For maternity leave purposes, a pregnant employee is not required to inform her employer of her pregnancy until the 15th week before the expected week of childbirth. However there is no requirement to inform them in relation to the proposed redundancies and even if you did the employer cannot treat you detrimentally because you are pregnant.

So for example they should not base any of their decisions on redundancy selection on the fact you are pregnant or may not be available for a year if you were to stay. All of these decisions must be made used a fair and objective process.

Ha you been on maternity leave when you were facing redundancy then you would have had priority over other employees in terms of being offered suitable alternative employment but that does not apply if you are just pregnant and still working.

So even if you are pregnant you may still be made redundant just as anyone else as long as the employer applies a fair method for selection and does not discriminate against you because of your pregnancy. They would still have a duty to offer you any suitable alternative employment that may exist in order to try and avoid the redundancy.

Customer: so in a nutshell it would not make any difference then if I DID tell them now , is that what u r saying. Sorry to sound like I have baby brain
Ben Jones :

No don't worry at all, legally it would not matter - whether the employer tries to manipulate the selection or scoring process to remove you because of the pregnancy is another issue but that could be difficult to prove. So you may not want to tell them just so that you know for sure they are not going to treat you unfavourably because of the pregnancy

Customer: ok Ben thanks for that, still concerned but sounds like it's all out of my hands then, pot luck and all that, wish me luck
Ben Jones :

of course - best of luck and hope it works out for you!

Customer: thank you
Ben Jones :

you are welcome

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