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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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    371 Reviews

    Jonathan L

    The service I received was friendly and professional. I appreciated the timely communications and Mel was always available for any questions I had. I'd definitely recommend Redmans and will use them in a heartbeat should the situation arise again.

    Posted 4 days ago

    Glyn B

    Provided a great service, covered all my requirements

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    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 5 days ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 6 days ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 6 days ago

    Bryan G

    Great response, and also happy to assist

    Posted 6 days ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 1 week ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 1 week ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 1 week ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 2 weeks ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 2 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 2 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 2 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 2 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 1 month ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago