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Chris Hadrill, a specialist employment solicitor at Redmans, looks at the issue of whether it is lawful for employees (in the UK) to be made redundant whilst they are on maternity leave

If you’ve been made redundant whilst you are on maternity leave then the question of whether your redundancy is lawful will depend upon how the redundancy has been carried out. Broadly, employees who are on maternity leave have the following rights:

  1. To not be dismissed for a reason connected with the fact that they are taking a period of ordinary or additional maternity leave (section 99 Employment Rights Act 1996, following on from regulation 20(1) and (3) of the Maternity and Parental Leave Regulations (“MPL Regulations”));
  2. The right not to be subjected to unfavourable treatment because they have taken a period of maternity leave (section 18 Equality Act 2010)
  3. If a redundancy situation arises during an employee’s maternity leave and “it is not practicable by reason of redundancy” for the employer to continue to employ the employee under their existing contract then the relevant employee is entitled to be offered a suitable alternative vacancy (to start immediately after her existing contract ends) (Regulation 10 of the MPL Regulations)

These rights are examined below

The right not to be dismissed for a reason connected with the fact that the employee has taken a period of ordinary or additional maternity leave

If an employee is dismissed where the only (or principal) reason for her dismissal is related to pregnancy, birth or maternity leave, the dismissal will be automatically unfair. This can often be a difficult claim for an employee to succeed with, as they would have to show that (at the very least) the principal reason for their dismissal was the fact that they had taken maternity leave – in a situation where collective redundancies are being made by an employer the employee would have to show that they had been placed at risk of redundancy because of their maternity leave rather than this simply being a consequence of the collective redundancy exercise.

For examples of redundancy situations which have been automatically unfair see the following cases:

The right not to be subjected to unfavourable treatment because they have taken a period of maternity leave

A dismissal will almost always constitute unfavourable treatment for the purposes of the Equality Act 2010. If an employee is dismissed on maternity leave where the only (or principal) reason for her dismissal is related to her period of maternity leave (and is therefore automatically unfair), then such a dismissal will almost always constitute discrimination under section 18 Equality Act 2010.

The right to be offer a suitable alternative vacancy if an employee (who is on maternity leave) has been selected for redundancy

If an employee who is on maternity leave is selected for redundancy then they are entitled to be offered a suitable alternative vacancy (under Regulation 10 of the MPL Regulations) – in practice this means that their is an obligation for employers to prioritise employees on maternity leave for alternative roles in the organisation which are suitable for them; selecting a female or male employee who is not on maternity leave for a suitable alternative role where an employee on maternity leave should have been ‘slotted in’ as a priority would constitute a breach of Regulation 10 of the MPL Regulations.

For examples of redundancy situations which have constituted a breach of Regulation 10 of the MPL Regulations see the following cases:

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.63 Average

30 Reviews

Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 5 days ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

Posted 5 days ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 1 month ago

Virginia K

Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 1 month ago

Anonymous

Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 1 month ago

Andy W

Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 1 month ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 1 month ago

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 2 months ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 5 months ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 5 months ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 5 months ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 5 months ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 6 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 6 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 6 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 6 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 6 months ago

Anonymous

Excellent work delivered with great quality

Posted 6 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 6 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 6 months ago

Anonymous

Resolved my issues

Posted 6 months ago