Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Chris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“What are my rights if I’m on maternity leave and have been told that my position may be made redundant?”

If you are currently on maternity leave (whether ordinary maternity leave or additional maternity leave) and have been told that your position may be made redundant, then you have the following rights:

  1. You are entitled to be offered any suitable alternative vacancy that is available at your employer (without having to go through a competitive interview process)
  2. If you are offered a suitable alternative vacancy then the work must be suitable and appropriate for you, and the capacity, place of employment, and other conditions must not be substantially less favourable than your previous position

Entitlement to be offered suitable alternative vacancies

If, while you are on maternity leave, you are told that you may be made redundant and it is not practicable for your employer to continue to employ you (for the reason of redundancy), you’re entitled to be offered a suitable alternative vacancy (if available) – this new job should start immediately after your current contract ends. You should be given priority for any suitable alternative vacancies over any member of staff who is not on maternity leave; to put it another way, if another member of staff who is not on maternity leave is offered a vacancy which is suitable for you, this would constitute discrimination.

Case law examples

Below are a few examples of case that involved employees on maternity leave being made redundant:

  • Sefton Borough Council v Wainwright – employee on maternity leave discriminated against by not being given priority for suitable alternative vacancy at employer – read more (see this link for the case transcript on Bailii)
  • Interserve FM Ltd v Tuleikyte – employee on maternity leave was not discriminated against by being made redundant (see this link for the case transcript on Bailii)
  • Johal v Commission for Equality and Human Rights – employee on maternity leave was not discriminated against when she was made redundant, as the “reason why” she was made redundant was an administrative oversight (see this link for the case transcript on Bailii)

Practical tips for employees on maternity leave who have been told that they may be made redundant

  • If you’re told that you may be made redundant then ask your employer:
    • What is the rationale for redundancies?
    • Who’s being made redundant, what’s the process that is being followed, and what can I expect to happen?
    • Why isn’t it practicable to continue to employ me in my current position?
    • Do you have any suitable alternative vacancies for me at the moment (both at your employer and at any group company)?
    • Who else has been redeployed at the organisation and into what roles?

Our solicitors’ views

Chris Hadrill, a specialist employment solicitor at Redmans, commented: “If you’re on maternity leave and you’re told that you may be made redundant then you’re entitled to ‘special protection’ against dismissal – you are, for example, entitled to be prioritised for any suitable alternative vacancy. Your employer must therefore be careful to ensure that your specific circumstances are taken into consideration during the redundancy process.”

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).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

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