# Made Redundant when I was pregnant & out sick



## g100 (9 Sep 2010)

I am looking for advice I was made redundant from my job when I was pregnant and out sick.  My job was given to another employee within the company.  I would love advice on what to do next.


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## alaskaonline (10 Sep 2010)

If the same job went to someone else, it is not a redundancy situation. a job is made redundant not a person. the person doing the job just subsequently has to leave. therefore if your job wasn't cut, you shouldn't have either.


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## jhegarty (10 Sep 2010)

How long were you out for ?


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## greenfield (10 Sep 2010)

g100, perhaps you could outline what contact you had from the company while you were out sick, what was said to you in meetings or in letters especially concerning your dismissal, whether you had to submit medical reports or were asked to attend a doctor, etc


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## DB74 (10 Sep 2010)

Were you actually paid redundancy?

What date were you officially made redundant? Was it while you were out sick before maternity or while on maternity (I assume pre-birth but just to clarify)


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## g100 (10 Sep 2010)

Thank you for all the replies.  I was made redundant four weeks after telling the company that I was pregnant.  I had hyperemises severe morning sickness.  I received redundancy, yet my role is still active within the company.  I no a person can't be made redundant it has to be the job???? I had no contact with the company while I was out sick except when I would phone after going to the doctor and give them a weekly update. I got a call from the Director to let me know that I had been made redundant.  I was out of work for approx 6 wks at this stage.  I was called to no meetings to discuss same...


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## DB74 (10 Sep 2010)

AFAIK a company cannot make you redundant and then give your job to someone else. You should contact NERA


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## g100 (10 Sep 2010)

Thank you just checked out the website. Very helpful.


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## Maynooth (10 Sep 2010)

Congrats. You are due a significant financial reward.


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## Latrade (10 Sep 2010)

g100 said:


> Thank you for all the replies. I was made redundant four weeks after telling the company that I was pregnant. I had hyperemises severe morning sickness. I received redundancy, yet my role is still active within the company. I no a person can't be made redundant it has to be the job???? I had no contact with the company while I was out sick except when I would phone after going to the doctor and give them a weekly update. I got a call from the Director to let me know that I had been made redundant. I was out of work for approx 6 wks at this stage. I was called to no meetings to discuss same...


 
There are issues there and it appears and you may have a case, but I'd speak to a solicitor first. To me it doesn't sound like you actually were on maternity leave at that stage, but sick leave (albeit related to the pregnancy) which does make a difference in terms of protected leave. However, the case may surround the discrimination on the basis of being protected. 

That's why it's better to speak to an employment law solicitor first.


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## greenfield (10 Sep 2010)

g100 - Did you sign any forms or disclaimers other than the RP50 when you received your redundancy?   If you did, were you given the opportunity to seek advice before you signed it?   
How are you so sure that your actual role still exists - was there any other re-organisation or staff moves or redundancies at the same time? Under the law the work of people made redundant can be redistributed to existing staff if the redundancy satisfies the definitions of redundancy.  See http://www.deti.ie/publications/employment/2009/guideredscheme.pdf (section 5) for the definitions of redundancy.
The other aspect of redundancy is selection - has there been redundancies before?   If so do you know on what basis people were selected for example on service.   Is there anything in your contract or handbook about redundancy?

Based on the outline you have given you potentially (and I stress potentially - the employer will obviously tell a different side to the story) have a case in the equality tribunal  not because you were on protected leave but on the basis of employment equality and how you were treated (gender / disability).   The other avenue would be a straight forward unfair dismissal case on the basis that it was a fabricated redundancy and in fact your role still exists or that you were unfairly selected if it is a genuine redundancy.

If you cannot go to a lawyer and are not a member of a union you could try citizens information.   Otherwise I would call or write to the employer and ask them to explain the basis of your redundancy and the selection process used; if they will not explain it to you or the explanation is not to your satisfaction you could look at lodging cases.

You also need to remember that there are time limits for lodging cases so I would act now.


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## Complainer (10 Sep 2010)

The Equality Authority might also be able to help, though their resources have been fairly savagely reduced since the last budget.


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## g100 (10 Sep 2010)

Hi all thanks agin for all the replies graetly appreciated.  I signed no other forms other than the standard redundancy forms.  I was asked to do a change over with the girl who was taking up my role within the company.  I was employed long before this person was employed by the company.  There were four other redundancies on that day and none previous to that and none since. Two of the people left go the department was fully dissolved.  Put my role still exists.  I am thinking unfair dismissal as I will find it very hard to secure employment at the same level and same wage.  It is very stressful.


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## greenfield (13 Sep 2010)

Hi G100 - As complainer and I have already said, there may also be an equality angle to explore as well as unfair dismissals.   The other thing to say to you is to keep looking for work and keep records of your efforts to do so - you have to be at a loss of earnings to get an award above the minimum in unfair dismissals and the tribunal expect you to actively seek work.   
As there were other redundancies at the time the company will argue a major re-organisation which they will say satisfies the definition of redundancy.   If that argument holds up it is your selection and your treatment that will be at issue.
Best of luck


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## foxylady (16 Sep 2010)

g100 said:


> Hi all thanks agin for all the replies graetly appreciated. I signed no other forms other than the standard redundancy forms. I was asked to do a change over with the girl who was taking up my role within the company. I was employed long before this person was employed by the company. There were four other redundancies on that day and none previous to that and none since. Two of the people left go the department was fully dissolved. Put my role still exists. I am thinking unfair dismissal as I will find it very hard to secure employment at the same level and same wage. It is very stressful.


 
In that case you will need to fill out a T1a form found on this site [broken link removed]


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