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redmans-blog-q&aChris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“Can can my employer make me redundant while I’m on maternity leave?”

I know that this is the kind of open-ended answer that you expect a lawyer to give, but the answer to to this question depends upon the factual circumstances.

If you give birth then you may take a period of Ordinary Maternity Leave (“OML”, which lasts for up to six months from the start of the maternity leave) and you may then take a period of Additional Maternity Leave (“AML”, which lasts for up to a further six months from the end of the period of OML).

If you only take OML then you are entitled to return to the same job in which you were employed prior to your absence. Your terms of employment upon your return to work must be the same as, or not less favourable than, they would have been were you not absent from work unless a redundancy situation has arisen.

If you take AML then you are entitled to return to the same job in which you were employed prior to your absence, unless it is not reasonably practicable for you to do so. A restructure of your employer’s business may mean that it is not reasonably practicable for you to return to your job but, equally, whether this is the case will depend on the particular factual circumstances of the redundancy.

ACAS recommends that, should your employer be considering making you redundant during a period of maternity leave, you should do the following:

  1. Consult with your Trade Union (if you have one) and discuss what is happening with any other employees, including those who are on maternity leave or on leave due to a pregnancy-related illness – are your colleagues also being treated the same way as you?
  2. Ask for your employer’s reasons as to why the redundancy is necessary and ask for any documentation they have to support the case for redundancy
  3. Ask for your employer’s criteria for selecting people for redundancy, and ask who will be making the decisions about who should and should not be made redundant
  4. Make sure that your employer consults properly with you on the redundancy
  5. Make sure that your employer does a proper search for any suitable alternative work in the business
  6. If you are made redundant and are unhappy with this, make sure to appeal your redundancy to the appropriate person

If you believe that your dismissal is because of (or principally because of ) your pregnancy or maternity leave then any dismissal would be automatically unfair. If you believe that your dismissal is connected with your maternity leave then your dismissal will be automatically unfair if the only (or principal) reasons for your dismissal is redundancy.

If you are dismissed for the reason of redundancy during your maternity leave then you may be entitled to receive redundancy pay – you should, at a minimum, receive statutory redundancy pay if you have two years’ continuous service with your employer but, equally, you may be entitled to enhanced redundancy pay (if your employer operates such a scheme).

To read more of ACAS’s guidance please click here

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 2 months 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 2 months ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 3 months ago

Virginia K

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

Posted 3 months 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 3 months ago

Andy W

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

Posted 3 months 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 3 months 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 4 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 7 months ago

Steven

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

Posted 7 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 7 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 8 months ago

Anonymous

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

Posted 8 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 8 months ago

Anonymous

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

Posted 8 months ago

Anonymous

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

Posted 8 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 8 months ago

Anonymous

Excellent work delivered with great quality

Posted 8 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 8 months ago

Kurt

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

Posted 8 months ago

Anonymous

Resolved my issues

Posted 8 months ago