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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).

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

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Testimonials

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Mohamed F

Excellent and professional solicitors, highly recommended

Posted 18 hours ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 3 days ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 3 days ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 3 days ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 week ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 week ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 week ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 2 months ago