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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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    262 Reviews

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 day ago

    Karen T

    Great service. Thank you.

    Posted 3 days ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 4 days ago

    Shanine M

    Excellent service, thank you so much!

    Posted 5 days ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 5 days ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 6 days ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 week ago

    Anonymous

    Great job done on my employment law

    Posted 1 week ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 week ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 week ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 week ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 1 week ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 1 week ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 1 week ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 1 week ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 1 week ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 2 weeks ago

    Anonymous

    They dealt with my case professional and swiftly. The advise was helpful and enabled me to make the right decisions in my case.

    Posted 2 weeks ago

    Anonymous

    I have received a great legal advice from Redmans on a very short notice. I’d highly recommend them.

    Posted 2 weeks ago

    Michael D

    Excellent, efficient advice - the whole matter was concluded with minimum fuss and an excellent outcome.

    Posted 2 weeks ago