Redundancy while pregnant — your UK rights

What "pregnancy protection" actually means

Pregnancy is a "protected characteristic" under the Equality Act 2010. This means:

1. You cannot be selected for redundancy because you are pregnant. That's unlawful direct discrimination — no defence available regardless of business circumstances.

2. Selection criteria cannot indirectly disadvantage pregnant employees without objective business justification. For example, "we kept the people most available in the next 6 months" indirectly impacts pregnant employees and would need careful objective justification.

3. You have priority access to suitable alternative employment. This is a statutory positive protection. If your role is genuinely being eliminated but another suitable role is available, your employer must offer it to you specifically — without putting you through competitive selection against non-pregnant employees who might also want it.

The third point is the strongest single protection. It puts pregnant employees in a uniquely favoured position relative to others in the same redundancy round.

The "suitable alternative employment" rule

Defined by the Employment Rights Act 1996 (Section 138). For a role to be "suitable":

• The work, capacity and place must be broadly compatible with your current role
• Terms (pay, hours, status, benefits) must not be substantially less favourable
• You must be qualified or capable of performing it (training can be expected)

What ISN'T suitable: - A significant pay cut (typically >10-15% is not suitable) - A significantly different location (>30 minutes additional commute is typically not suitable) - A material reduction in status or responsibility - Hours pattern incompatible with childcare considerations

If the employer offers a role they believe is suitable and you refuse, you may lose statutory redundancy entitlement. The "suitability" test is on the employer's view at offer time, but you can dispute it via tribunal.

When the protection kicks in

The full pregnancy-redundancy protection runs:

• From the date your employer learns of your pregnancy
• Through the entire pregnancy
• Through statutory maternity leave (52 weeks)
• Through any additional unpaid leave

After this protected period ends (typically when you return to work or your leave expires), normal redundancy rules apply again.

For the period from October 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended the protected period to start at notification of pregnancy and continue until 18 months from the date of birth (or 18 months from the start of statutory adoption leave for adopters).

Statutory pay applies normally

The statutory redundancy formula is unchanged:

• 0.5 weeks per year aged under 22
• 1 week per year aged 22–40
• 1.5 weeks per year aged 41+
• Capped at 20 years' service and £719 weekly pay for 2026/27
• Maximum statutory payment: £21,570

Pregnancy doesn't add a multiplier or trigger a separate scheme. The protection is procedural (around how the redundancy is decided) and access-based (priority for alternative roles), not financial.

Time spent on maternity leave counts as continuous service for statutory purposes. Annual leave continues to accrue during maternity leave.

Worked example — 6 years' service, £35,000 salary, age 32, pregnant

Statutory: - Weekly pay: £35,000 / 52 = £673 - 6 years aged 22–40: 6 × 1 × £673 = £4,038 statutory

The protection during this redundancy: - Pregnancy cannot be a selection criterion - Any suitable alternative role available in the business must be offered to her first - Notice pay (typically 6 weeks at this service length) is fully payable

If the employer cannot offer a suitable alternative and the redundancy genuinely proceeds: - Statutory £4,038 (tax-free) - Notice pay £673 × 6 = £4,038 (taxable + NI) - Maternity pay accrual continues separately under standard rules

If you suspect discrimination

Common patterns to watch:

• You're selected from a small pool that includes non-pregnant colleagues with similar roles, without clear objective justification
• The "consultation" feels predetermined
• Selection criteria emphasise immediate availability, recent attendance, or future capacity
• Comments are made about "fairness" of redundancy because you'd be on leave anyway
• A suitable alternative role exists but wasn't offered to you specifically

Documentation matters. Keep contemporaneous notes: - Date of pregnancy notification to employer - Dates of all meetings about redundancy - Names of attendees and decisions made - Copies of all selection criteria and outcomes - Any informal comments about pregnancy in relation to the role

The legal route if discrimination occurred

Three escalation steps:

1. Raise a grievance internally first. Written formal grievance to HR or the next-level manager. Sets the record and gives the employer chance to remediate.

2. ACAS Early Conciliation. Free service. Mandatory before tribunal. Often resolves with a settlement.

3. Employment Tribunal claim. Strict 3-month deadline from the discriminatory act. No qualifying service period for pregnancy discrimination claims. Remedies include uncapped compensation for loss of earnings and injury to feelings (up to ~£60,000 for the latter in serious cases).

Pregnancy discrimination claims often settle before tribunal because employers face significant reputational and financial risk if findings go against them. Settlement agreement offers are common at this stage and worth scrutinising with a solicitor.

Maternity Action — the specialist charity

Maternity Action is the UK charity specifically focused on pregnancy and maternity rights at work. They offer:

• Free legal helpline (0808 802 0029)
• Detailed factsheets on every aspect of pregnancy-redundancy
• Free initial telephone advice

Their advice is more specialist than general employment law sources. For complex pregnancy-redundancy situations, they're often the first call to make.

Related family-leave protections

Several adjacent protections worth knowing:

• Maternity leave: 52 weeks statutory; redundancy protection extends through this
• Adoption leave: similar protections apply
• Shared Parental Leave: similar protections during the leave period
• Paternity leave: 2 weeks statutory; less robust protection than maternity but standard discrimination rules apply

For coverage of the maternity-leave-specific scenario (already on leave when redundancy is announced), see Redundancy during maternity leave →.

Practical checklist

1. Notify the employer in writing of your pregnancy if you haven't already
2. Request the redundancy proposal in writing — pool, selection criteria, timeline
3. Ask about suitable alternative employment — get a definitive answer in writing
4. Document everything — meetings, comments, decisions
5. Calculate your statutory entitlement — use the redundancy calculator — and check the employer's figure matches
6. Don't sign a settlement agreement without independent legal advice — usually employer-funded
7. Contact Maternity Action or ACAS early if any pattern suggests discrimination

In short

Pregnancy is a protected characteristic under UK equality law, giving you specific procedural protections in redundancy: pregnancy cannot be the reason for selection, and you have priority access to any suitable alternative role available. The statutory pay formula applies normally. Document everything, and engage specialist advice (Maternity Action, ACAS, or an employment solicitor) early. For maternity-leave-specific scenarios see redundancy during maternity leave →. For the broader cluster see the redundancy hub →.