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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.80 Average

    320 Reviews

    Anonymous

    Efficient and quick service!

    Posted 2 days ago

    Karen B

    Quick response very helpful Issue raised dealt with very quickly

    Posted 5 days ago

    Carmen T

    Redmans give Great service and advice on reading contracts. They can explain all the solicitors jargon into words that you can understand. I received excellent service an I will use them again and again.

    Posted 1 week ago

    Anonymous

    Very grateful for Mel’s efforts in handling my case from start to finish which I would have found very stressful without it. She was very professional, friendly and we had a positive outcome. Highly recommend.

    Posted 4 weeks ago

    Nalin W

    Mel Chin was my Legal Executive when I engaged the services of Redmans Solicitors to help with a redundancy matter. She was incredibly approachable and professional from start to finish. Specially I have to mention regarding prompt reply to all my email queries, It was super quick. I would thoroughly recommend Mel Chin. Many Thanks

    Posted 1 month ago

    Anonymous

    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 1 month ago

    Anonymous

    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 1 month ago

    Anonymous

    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 1 month ago

    Anonymous

    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 1 month ago

    Anonymous

    Very quick and professional service , Rana was very helpful

    Posted 1 month ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 2 months ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 2 months ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 months ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 months ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 2 months ago

    ""

    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 2 months ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 2 months ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 2 months ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 2 months ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 2 months ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 2 months ago