Being told that your role is at risk of redundancy while you are on maternity leave can be concerning, particularly when you are unsure whether your employer is entitled to make you redundant while you are away from work.
Employees on maternity leave can be made redundant where there is a genuine redundancy situation. However, employers must follow a fair redundancy process and employees who are pregnant, on maternity leave or have recently returned to work have additional legal protection.
This includes important rights relating to suitable alternative vacancies and protection from pregnancy and maternity discrimination.
This guide explains whether you can be made redundant while on maternity leave, the additional protection available and what you can do if you believe you have been treated unfairly.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 01286 872779 or email admin@winrowsolicitors.co.uk and we will be in touch shortly. We advise clients across England and Wales.
Can I Be Made Redundant While on Maternity Leave
You can be made redundant while on maternity leave, but your maternity leave must not be the reason for the redundancy.
There must be a genuine redundancy situation, such as where the business is closing, there is a reduced requirement for employees to carry out a particular type of work or the employer is reorganising its workforce.
Your employer should follow a fair redundancy process, including consulting with you and using fair selection criteria where employees are being selected for redundancy.
Being on maternity leave should not prevent you from being properly involved in the consultation process.
Can I Be Selected for Redundancy Because I Am on Maternity Leave
It is unlawful to select an employee for redundancy because they are pregnant or on maternity leave.
Employers should ensure that their selection criteria do not place employees on maternity leave at a disadvantage. For example, an employee should not be disadvantaged because of pregnancy-related absence or because they have been unable to meet certain targets while on maternity leave.
If you are selected for redundancy because you are pregnant or have taken maternity leave, the dismissal may be automatically unfair. The treatment may also amount to pregnancy and maternity discrimination under the Equality Act 2010.
There is no minimum length of service required to bring a claim for discrimination or automatically unfair dismissal on these grounds.
Protection from Redundancy During and After Maternity Leave
Employees who are pregnant or taking maternity leave have additional protection in a redundancy situation.
For pregnancies notified to an employer on or after 6 April 2024, the redundancy protected period begins when the employee informs their employer that they are pregnant. For employees taking maternity leave, the protection generally continues until 18 months after the date the baby is born.
If the employee does not tell their employer the exact date of birth, the protected period will generally end 18 months after the expected week of childbirth.
This means that the additional redundancy protection can continue after an employee has returned to work following maternity leave.
If a pregnancy ends before 24 weeks, the redundancy protected period generally continues for two weeks after the pregnancy ends. Different rules apply where an employee is entitled to maternity leave.
What Happens if There is Another Suitable Job Available
One of the most important protections during the redundancy protected period relates to suitable alternative vacancies.
If you are selected for redundancy and there is a suitable alternative vacancy available, your employer must offer it to you as a priority. You should not normally have to compete or apply for the vacancy against other employees who do not have the same redundancy protection.
Whether a role is suitable will depend on factors including the nature of the work, pay, terms and conditions, location and your skills and circumstances.
The alternative role should be offered before your existing employment ends and should start within four weeks of your previous role ending.
If your employer fails to offer you a suitable alternative vacancy when one is available, your dismissal may be automatically unfair.
What if More Than One Employee Has Redundancy Protection
There may be situations where more than one employee has additional redundancy protection and there are not enough suitable alternative vacancies for everyone.
In these circumstances, the employer may need to decide which protected employee is most suitable for the available role. This could involve considering factors such as skills, experience and knowledge.
The employer should follow a fair process and explain the criteria used to reach its decision.
Am I Entitled to Redundancy Pay
If you are made redundant while on maternity leave, you will normally have the same rights to redundancy pay and notice as other eligible employees.
Employees with at least two years of continuous employment will generally be entitled to statutory redundancy pay. The amount will depend on your age, length of service and weekly pay, subject to the statutory limits in force at the time.
Your employment contract may also provide enhanced redundancy rights.
Being on maternity leave does not remove your entitlement to redundancy pay where you otherwise qualify.
What Can I Do if I Think My Redundancy is Unfair
If you believe you have been selected for redundancy because of your pregnancy or maternity leave, or your employer has failed to follow the additional redundancy protections, you should raise your concerns with your employer.
Depending on the circumstances, you may be able to appeal the redundancy decision or raise a formal grievance.
You may also be able to bring a claim in the employment tribunal for automatically unfair dismissal or pregnancy and maternity discrimination. Strict time limits apply to employment tribunal claims and in many cases the time limit is three months less one day from the act complained of, subject to the Acas Early Conciliation process.
The Importance of Legal Advice
Redundancy during maternity leave can involve additional legal protections that employers must take into account.
Obtaining legal advice can help you understand whether the redundancy situation is genuine, whether a fair selection and consultation process has been followed and whether you should have been offered a suitable alternative vacancy.
Legal advice can also help identify whether the circumstances may give rise to a claim for unfair dismissal or discrimination.
How We Can Help
We regularly advise employees on redundancy, maternity rights and discrimination. Our team provides clear guidance throughout the process and can assist at every stage.
We offer:
- Advice on redundancy during maternity leave
- Guidance on suitable alternative employment
- Advice on unfair dismissal and discrimination
- Assistance with redundancy appeals and grievances
- Representation in employment tribunal proceedings
How to Get in Contact
If you have been made redundant while on maternity leave or have been told that your role is at risk, please contact our specialist team.
For an initial telephone discussion, call us on 01286 872779 or email admin@winrowsolicitors.co.uk
