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

4.68 Average

69 Reviews

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 1 day ago

Nicola W

Fantastic service, very quick and efficient. Thank you

Posted 1 day ago

Anonymous

Excellent professional service.

Posted 1 day ago

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 week ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 2 weeks ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 1 month ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 1 month ago

Anonymous

Good advice

Posted 1 month ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 1 month ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 1 month ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 1 month ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago