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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

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124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 2 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 3 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 3 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 3 months ago

Anonymous

Easy to get hold of. Quick.

Posted 4 months ago

Owen J

Very helpful, efficient service.

Posted 4 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 4 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 4 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 4 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 4 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 4 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 4 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 4 months ago

Tim O

Experienced and competent advisors

Posted 4 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 4 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 5 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 5 months ago

Anonymous

Good service

Posted 5 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 5 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 5 months ago