What Do If You Are Made Redundant While Pregnant BEFORE going on Maternity Leave (UK)
As well as having to negotiate the complexities of employment rights around redundancy, you’ll also have to understand how redundancy will impact your right to maternity pay and related benefits. The process will also differ slightly if your redundancy occurs while you are working versus if it occurs while you on maternity leave:
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Redundancy while working prior to maternity leave starting
You will still qualify for statutory maternity pay if made redundant as long as you have been employed 26 weeks before the 15th week before the expected date of child-birth – and you have been earning an average of at least £112 a week, (2015-2016), 8 weeks before the end of thequalifying week.
However, if you are made redundant during or AFTER the qualifying week you should qualify for SMP assuming you have met all the other conditions mentioned above. SMP is currently paid for 39 weeks and you can find the rates of SMP here.
Redundancy pay.
If you have worked for your employer for 2 years and you are 18 years or older you will be entitled to a statutory redundancy payment when made redundant. There may also be a contractual redundancy pay which is over and above statutory maternity pay and you will need to check your employee handbook, employee contract or ask the employer to find out if you have this benefit. Click here to find out more about the UK redundancy process.
Notice
If allowed for in the employment contract the employer can forgo your notice period as long as they pay you for it in the form of payment in lieu of notice.
Unfair Dismissal
Just to clear, it’s not illegal to make you redundant just because you are pregnant, but it is illegal if they have not followed the correct procedures as with any other employees, or if 
If you want to see some examples of pregnancy discrimination during redundancy, please follow this link. When you get there, scroll about halfway down the page and look for the section titled, ‘Examples of Pregnancy Discrimination’.
If you feel you have been unfairly selected for redundancy because you are pregnant you may have a claim for unfair dismissal and pregnancy discrimination. If you feel this has happened, contact ACAS Early Conciliation Unit on 0300 123 11 00.
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