Finding out that your role is at risk of redundancy while you are pregnant can feel overwhelming. Pregnancy is usually a time of preparation and planning, not uncertainty about income and job security. It is completely natural to worry about your rights, your maternity pay and whether your employer is acting fairly.
The short answer is yes, you can be made redundant while pregnant. However, the law in the UK gives you important protections. Your employer cannot select you for redundancy because you are pregnant or because you plan to take maternity leave. If they do, it may amount to automatic unfair dismissal and pregnancy discrimination.
This guide explains your rights clearly and simply, so you understand where you stand.
Can You Legally Be Made Redundant While Pregnant?
Pregnancy does not make you exempt from redundancy. If your employer is genuinely reducing staff, closing a workplace or removing certain roles, you can still be included in the redundancy process.
However, your pregnancy must not be the reason for the redundancy.
Your employer must show that:
- The redundancy situation is genuine.
- A fair selection process has been followed.
- You were not chosen because of your pregnancy or maternity leave.
If your pregnancy influenced the decision in any way, the dismissal is likely to be automatically unfair under the Employment Rights Act 1996. It may also be unlawful discrimination under the Equality Act 2010.
What Is Pregnancy Discrimination?
Under the Equality Act 2010, you are protected from discrimination because of pregnancy or maternity.
This protection starts from the beginning of your pregnancy and continues throughout maternity leave. It covers:
- Recruitment
- Promotion
- Pay
- Redundancy
- Dismissal
- Workplace treatment
If your employer selects you for redundancy because:
- You are pregnant
- You have pregnancy-related sickness
- You plan to take maternity leave
- You have already taken maternity leave
then this is unlawful discrimination.
Importantly, you do not need two years’ service to bring a claim for pregnancy discrimination or automatic unfair dismissal.
What Is the Protected Period Under the 2023 Act?
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 strengthened redundancy protections. From 6 April 2024, the “protected period” was extended.
When Does the Protected Period Start and End?
If you are pregnant and take maternity leave:
- The protected period starts when you tell your employer you are pregnant.
- It ends 18 months after the date your baby is born.
If you do not tell your employer the exact date of birth, it ends 18 months from the expected week of childbirth.
This means that even after you return to work, you may still be within the protected period.
What Happens If You Are Selected for Redundancy During the Protected Period?
If you are within the protected period and your role is genuinely redundant, your employer has an additional legal duty.
They must offer you any suitable alternative vacancy that exists.
This is not just a right to apply. You must be offered the role in priority to other employees, even if others are equally suitable.
If your employer fails to offer you a suitable alternative role when one exists, the redundancy may be automatically unfair.
What Counts as a Suitable Alternative Vacancy?
A suitable alternative vacancy must be:
- Appropriate for your skills and experience
- On similar terms and conditions
- Not significantly worse in pay, status or location
If there are several employees with redundancy protection and only limited roles, your employer can assess who is most suitable. They should explain clearly how they made their decision.
If you are not offered a role, your employer should meet with you and explain why.
What If You Have a Miscarriage or Stillbirth?
The law also covers these situations.
- If you miscarry before 24 weeks, the protected period ends two weeks after the pregnancy ends.
- If your baby is stillborn after 24 weeks, the protected period lasts 18 months from the date of birth.
These protections recognise the serious impact of pregnancy loss.
Can You Be Made Redundant on Maternity Leave?
Yes, but the same principles apply.
Your employer cannot make you redundant because you are on maternity leave. If your role genuinely disappears, you must be offered a suitable alternative vacancy if one exists.
If you are made redundant during maternity leave and no suitable alternative role is available, your employment may end lawfully. However, your rights to maternity pay may continue.
Do You Still Get Statutory Maternity Pay If You Are Made Redundant?
This is one of the most common concerns.
You can still receive Statutory Maternity Pay (SMP) even if you are made redundant, provided you qualify.
To qualify for SMP, you must:
- Have at least 26 weeks of continuous service by the end of the 15th week before your baby is due.
- Still be pregnant at the 11th week before the expected week of childbirth.
- Give proper notice (at least 15 weeks before your due date).
- Provide a medical certificate confirming your expected week of childbirth.
- Earn at least £120 per week on average during the relevant period.
If you meet these conditions and are made redundant after the qualifying week, your employer must continue paying SMP for up to 39 weeks.
However, if your employment ends before the 15th week before your due date, you may not qualify for SMP. In that case, you may be able to claim Maternity Allowance instead.
What About Redundancy Pay?
Your pregnancy does not affect your right to redundancy pay.
If you have worked continuously for your employer for two years or more, you are entitled to statutory redundancy pay.
This is based on:
- Your age
- Your length of service
- Your weekly pay (subject to a statutory cap)
You are also entitled to:
- Your contractual or statutory notice period (whichever is greater)
- Payment for untaken holiday
- Any other contractual benefits owed
Your employer must follow a fair redundancy process, including consultation and proper notice.
What Is a Fair Redundancy Process?
Even if you are pregnant, your employer can include you in a redundancy selection process if roles are being reduced.
A fair process usually includes:
- Warning and consultation
- Clear selection criteria
- Objective scoring
- Consideration of alternative roles
If your employer fails to consult with you properly, ignores your protected status or uses unfair criteria, you may have grounds to challenge the dismissal.
When Might Redundancy Be Automatically Unfair?
Your dismissal is likely to be automatically unfair if:
- Your pregnancy influenced the decision.
- You were not offered a suitable alternative vacancy during the protected period.
- Your selection was linked to pregnancy-related sickness.
- Your employer used your maternity leave absence against you.
In these cases, you may have a claim for automatic unfair dismissal and pregnancy discrimination.
You generally have three months less one day from the date of dismissal to begin the legal process by contacting ACAS for early conciliation.
What Should You Do If You Think the Redundancy Is Unfair?
If you believe your pregnancy played a role in the decision, you should:
- Ask your employer for written reasons.
- Request details of the selection criteria and scoring.
- Keep copies of emails and documents.
- Consider raising a formal grievance.
Seeking legal advice early can help you understand your options and time limits.
Does Being on a Zero-Hours Contract Change Things?
Redundancy protection generally applies to employees. If you are an agency worker, casual worker or genuinely self-employed, different rules may apply.
If you are unsure whether you have employee status, it may be worth seeking advice, as your legal rights depend on your employment status.
Key Points to Remember
- You can be made redundant while pregnant, but not because you are pregnant.
- The law gives you strong protection from discrimination.
- From April 2024, the protected period lasts until 18 months after birth.
- During the protected period, you must be offered suitable alternative roles in priority.
- You may still qualify for Statutory Maternity Pay even if dismissed.
- If the redundancy is linked to pregnancy, it may be automatically unfair.
Final Thoughts
Being told that your role is at risk while pregnant can feel deeply unsettling. Financial security is understandably a major concern, especially when preparing for a new baby.
The law in the UK recognises this and provides significant protection. Although pregnancy does not make you immune from redundancy, it does mean your employer must act carefully, fairly and lawfully. If they fail to do so, you have strong legal rights.
Understanding those rights can help you approach the situation with more confidence and clarity during what should be an important and positive time in your life.