Want to talk to an expert employment law solicitor?

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

redmans-blog-q&aChris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“Can can my employer make me redundant while I’m on maternity leave?”

I know that this is the kind of open-ended answer that you expect a lawyer to give, but the answer to to this question depends upon the factual circumstances.

If you give birth then you may take a period of Ordinary Maternity Leave (“OML”, which lasts for up to six months from the start of the maternity leave) and you may then take a period of Additional Maternity Leave (“AML”, which lasts for up to a further six months from the end of the period of OML).

If you only take OML then you are entitled to return to the same job in which you were employed prior to your absence. Your terms of employment upon your return to work must be the same as, or not less favourable than, they would have been were you not absent from work unless a redundancy situation has arisen.

If you take AML then you are entitled to return to the same job in which you were employed prior to your absence, unless it is not reasonably practicable for you to do so. A restructure of your employer’s business may mean that it is not reasonably practicable for you to return to your job but, equally, whether this is the case will depend on the particular factual circumstances of the redundancy.

ACAS recommends that, should your employer be considering making you redundant during a period of maternity leave, you should do the following:

  1. Consult with your Trade Union (if you have one) and discuss what is happening with any other employees, including those who are on maternity leave or on leave due to a pregnancy-related illness – are your colleagues also being treated the same way as you?
  2. Ask for your employer’s reasons as to why the redundancy is necessary and ask for any documentation they have to support the case for redundancy
  3. Ask for your employer’s criteria for selecting people for redundancy, and ask who will be making the decisions about who should and should not be made redundant
  4. Make sure that your employer consults properly with you on the redundancy
  5. Make sure that your employer does a proper search for any suitable alternative work in the business
  6. If you are made redundant and are unhappy with this, make sure to appeal your redundancy to the appropriate person

If you believe that your dismissal is because of (or principally because of ) your pregnancy or maternity leave then any dismissal would be automatically unfair. If you believe that your dismissal is connected with your maternity leave then your dismissal will be automatically unfair if the only (or principal) reasons for your dismissal is redundancy.

If you are dismissed for the reason of redundancy during your maternity leave then you may be entitled to receive redundancy pay – you should, at a minimum, receive statutory redundancy pay if you have two years’ continuous service with your employer but, equally, you may be entitled to enhanced redundancy pay (if your employer operates such a scheme).

To read more of ACAS’s guidance please click here

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).

Tagged with →  

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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.79 Average

    274 Reviews

    Mary B

    I was very happy with the work Chris did for me. I believe with his help I secured a more favourable outcome both financially and in terms of clauses contained in the legal agreement I ultimately signed. I had utmost trust and confidence in the advice Chris provided throughout. Chris kept me informed at every stage and I found him very efficient at bringing matters to a conclusion without unnecessary delay.

    Posted 1 day ago

    Mark M

    I found Redmans very easy to work with. Mel was very responsive, her advice led to an improved settlement. . Recommended.!

    Posted 3 days ago

    Anonymous

    Fantastic service. I would recommend Redmans to anyone who needed a Solicitor. The communication was second to none and consistent clear guidance was given.

    Posted 5 days ago

    Anonymous

    Everyone I dealt with at Redmans were professional, empathetic & always responded promptly and helped make the transition as smooth & efficient as possible for me. If you need legal advice, don’t hesitate & contact the team.

    Posted 1 week ago

    Anonymous

    Sacha was incredibly helpful and professional. Timely and accurate advice at a time I most needed it. I was extremely impressed and grateful.

    Posted 1 week ago

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 3 weeks ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 2 months ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 2 months ago

    Sanja K

    Very efficient and professional service.

    Posted 2 months ago

    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 2 months ago

    Karen T

    Great service. Thank you.

    Posted 2 months 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 2 months ago

    Shanine M

    Excellent service, thank you so much!

    Posted 2 months 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 2 months ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 2 months ago

    Alex K

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

    Posted 2 months ago

    Anonymous

    Great job done on my employment law

    Posted 2 months ago

    Dominica S

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

    Posted 2 months ago