Women on maternity leave currently have special protection in a redundancy situation. Although you can be made redundant whilst on maternity leave or after you have returned, if it is by reason of your pregnancy, maternity leave or other related reason, this will amount to discrimination and is therefore unlawful. General purpose platform session cookies that are used to maintain users' state across page requests. The recent case of Simpson v Endsleigh Insurance Services Ltd emphasises that, not only is this a misconception, but the right of a woman on maternity leave to suitable alternative vacancies is not automatic. This advice applies in England, Wales and Scotland . The paper seeks views on whether protection should be extended throughout pregnancy and for a period after a woman returns to work and whether this should also apply to parents who have taken other types of leave. Used by the social networking service, LinkedIn, for tracking the use of embedded services. Under Regulation 10 of the Maternity and Parental Leave etc Regulations 1999, before making a woman on maternity leave redundant, an employer must offer her a suitable alternative vacancy where one is available. For that reason you need to follow the process set out in the Redundancy Guide to the letter and ensure that you can demonstrate that you have acted fairly and impartially throughout. This was tantamount to unfair dismissal, and we wrote to the employer pointing out the faults in their redundancy process. This cookie is set by GDPR Cookie Consent plugin. The redundancy must still also be genuine. The government has now said that it will change the law so that redundancy protection applies from the point when a woman notifies her employer of her pregnancy, whether verbally or in writing, to six months after the end of the maternity leave (notwithstanding any additional leave she may add on to the end of the maternity leave). However you may visit Cookie Settings to provide a controlled consent. If there is a genuine redundancy situation, your employer must follow a fair redundancy process. The redundancy must still also be genuine. It should be straight forward, but it often is not. If you are made redundant during the Shared Parental Leave, you will only continue to be entitled to ShPP if you have booked it for the full period. In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? This cookie is associated with Calendely, a Meeting Schedulers that some websites employ. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). And there are new redundancy after maternity leave entitlements and regulations for staff. You still build up your holiday entitlement as normal during maternity leave. If you are selected for redundancy during maternity leave, you must be offered any suitable alternative vacancies before other colleagues. Our Employment Law Solicitors can assist with all. It will also amount to an automatically unfair dismissal. The purpose of this cookie is to check whether or not the user has given the consent to the usage of cookies under the category 'Analytics'. The cookies store information anonymously and assigns a randomly generated number to identify unique visitors. These reforms … 0800 756 6605 or 020 3923 4777. Redundancy on maternity leave: Grievance & without prejudice letter. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. The proposed bill would provide certain exceptions to the rule although these have not yet been published. As a consequence, she did not see the email until she learned subsequently that she had missed something and contacted the employer, whereupon the email was … However, as soon as you return to work, your employer is no longer required to offer you any suitable alternative vacancy. - £73 for 30 minutes (including assessment of core paperwork). Marriage & Civil Partnership Discrimination, dismissal will be a maternity discrimination. You’ll get your normal full pay as long as you’re at work. The proposed bill would provide certain exceptions to the rule although these have not yet been published. Naturally, we pride ourselves on providing the best possible service to the highest standards, we can provide free employment law advice on all problems. You may find during a woman’s maternity leave that you can manage without her by redistributing or reorganising the work. redundancy shortly before she was due to return to work. (Please specify)I am....expandedPlease specify belowWhere did you come across Working Families' advice services? A genuine redundancy means that your position no longer exists. You have a right to be consulted even if your are on maternity/adoption/shared parental leave. Your employer has permanently given your job and duties to someone else during the tenure of your maternity leave and does not allow you to come back at the end of your leave. The assessment of redundancy should always be on the basis of the "position" and not the person. You should not be selected for redundancy because of your pregnancy, or your maternity, adoption or shared parental leave. Your employer will not usually be required to offer you a suitable alternative vacancy. This may be seen as discrimination, and it's unlawful to dismiss an employee for any of these reasons. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 130 Wood Street If you select an employee on maternity leave for redundancy, before you actually make her redundant you must first offer her any suitable vacancy that you have – this includes any vacancy across your corporate group. Google uses this cookie to distinguish users. Your employer must count leave as continuous employment for redundancy pay purposes even though you were not in work. You do not have to apply or be interviewed for any suitable alternative vacancy but should be offered it over your colleagues. Birmingham We also have a page on what to do if you are under threat of redundancy. This field is for validation purposes and should be left unchanged. You may find during a woman’s maternity leave that you can manage without her by redistributing or reorganising the work. But that doesn't mean they can't make you redundant. Also, one in nine women said that when they returned to work after having a baby, they were forced out of their job because they were treated badly, or they were made redundant … The purpose of this cookie is to check whether or not the user has given the consent to the usage of cookies under the category 'Functional'. Redundancy. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. This monitoring information is anonymous.I am:*Click for optionsa Parent/Careran advisor to parents and/or carersan employernone of the above. If you have further questions and would like to contact our advice team please use our advice contact form below or call us. Redundancies occur when businesses close down, move location, or a reduction in the number of employees needed to do work of a particular kind. Pregnancy and maternity discrimination is illegal, and those on maternity leave have special protection in a redundancy situation. Maternity Leave and Redundancy. Please note that you should make the decision to accept and offer for an alternative vacancy carefully. I am 23 weeks pregnant and have told my line manager and given the start date of my maternity leave as 6th July, just over a week before my due date. This monitoring information is anonymous. This was found to be unfair dismissal as the new post was still available and she was not genuinely redundant. Details of the SRA Code of Conduct can be found on their website. The Pregnancy and Maternity (Redundancy Protection) Bill 2019 would introduce a prohibition against making employees redundant during and for six months after the end of pregnancy and maternity leave. If you are on family-related leave, your redundancy pay should be calculated based on your pay before your statutory leave period started. It does not store any personal data. I was told on my return to work after maternity leave that my job is at risk of redundancy. Separately, an Equality and Human Rights Commission survey in 2017 of over 1,000 decision-makers … If your employer offers you a job that they are aware you cannot perform well in, or you will not be comfortable in, it could be an indirect maternity discrimination. These websites are trading names of Tom Street & Co Solicitors. Heraud began her leave in September 2013 for about 39 weeks. This is not a valid reason to make her redundant. If the risk of redundancy arose while you were still on leave, then you will be protected. The organisation you work with has permanently closed down, The organisation moves to a new location and you cannot travel to the new place of work, When fewer employees are required for work, There is a genuine situation of redundancy at work, Redundancy is not being used as an excuse for a dismissal because you are absent due to maternity leave. Used by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. An employee returning from additional maternity leave (AML; 26 to 52 weeks after the birth) has the right to return to the same job unless it is not reasonably practical for her to do so. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Even if you are made redundant shortly after you announce your pregnancy, recent tribunal cases have confirmed that an employer will not be acting unlawfully if it can be shown that the decision had nothing whatsoever to do with the pregnancy. Eligible employees can take up to 52 weeks’ maternity leave. In this case, the employee should return to the most suitable employment, but with no less favourable terms and conditions than before. This is because the law recognises that those absent from work on such leave would be at a disadvantage during redundancy processes if required to compete alongside other employees for jobs. Her original return to work date was in about two weeks and there has been a redeployment opportunity for her to consider but at a reduced salary. If you are made redundant during your maternity leave, regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (see extract below) states that a woman on maternity leave must be offered a suitable alternative vacancy, if one exists, as soon as her post is at risk of redundancy. Redundancy Shortly After Maternity Leave. Read Tom Street’s 20 point guide on furlough leave and how it effects you. You are being included in all consultations, meetings and communications about redundancy. In order to claim unfair dismissal, you must (almost always) have worked for your employer for at least two years. Pregnancy: The Mumsnet Guide - the essential, comprehensive and compassionate birthing bible for every parent-to-be. Read More about “Talk to Tom Today – Employment Solicitor”…. The government will consult further over the coming months on how to provide a peri… MarianneM Fri 19-Mar-10 19:42:19. *Click for optionsWord of MouthInternet SearchFacebookTwitterOther organisation (specify below)Other (specify below)Where did you come across WF - expandedHow would you describe your ethnic origin or ethnicity? Your terms and conditions are continuous during family-related leave. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Your employ can require that you interview for a new role, and can choose to give suitable vacancies to other colleagues. You must be given first refusal on any suitable alternative employments. Once fully qualified, he moved to a niche litigation practice in the City of London. An employer’s obligations to employees on parental leave are not hollow, or to be cast aside for business convenience. Frome One in seven women are made redundant after maternity leave. Sheffield It does not automatically continue to be payable like SMP. This cookie is set by LinkedIn and used for routing. After my first born, I went back to work in the job I had been in for nine years and had a really successful eighteen months before starting my maternity leave with my second son. page to find out more: COVID 19 and Furlough Leave, have you been effected? One in seven women are made redundant after maternity leave. If you feel you have been made redundant because you are pregnant or on family-related leave, you may also have a claim for discrimination and automatic unfair dismissal. The statutory minimum period of notice is one week’s notice for each year of continuous employment, up to a maximum of 12 weeks. In July 2019, pregnant women and new parents received enhanced protections. If your company is part of a chain, for instance, and only one branch is being closed down, they need to offer you any jobs that become available elsewhere. Jackson was on maternity leave when, along with a number of colleagues, she was put at risk of redundancy. Naturally, we pride ourselves on providing the best possible service to the highest standards, we can provide free employment law advice on all problems. Your employer should still give you as much warning as possible to enable you to consider alternative solutions. The selection criteria for choosing your role for redundancy must still be fair. This cookie is set by GDPR Cookie Consent plugin. This cookie is installed by Google Analytics. This article is more than 7 years old 'Sad and shocking' poll reveals maternity leave can mean demotion, stress or the sack. A consultation proposes that the existing legal protection against redundancy for pregnant women and new mothers on maternity leave is extended so that it continues for up to six months after they return to work. Preference cookies are used to store user preferences to provide content that is customized and convenient for the users, like the language of the website or the location of the visitor. After being off for around 6 weeks I was told that my department was undergoing a restructure, my job would no longer exist and that existing staff (who were not being made redundant) were being … It depends on when you became at risk of redundancy. If you are being made redundant when you are on a maternity leave, you have the right to be offered an alternative job, before it is offered to other employees. The selection criteria used for redundancy does not lead to the fact that you are on maternity leave, directly or indirectly. Your rights if you have been made redundant including information on losing your job because your workplace has closed or moved. You do not need to have worked for your employer for at least two years to make these claims. The employer notified the employee of various opportunities for redeployment but these were sent to her work email address. * Please do not use this box to ask for advice or leave any personal information. and Tribunal Claim. Because I was made redundant today, 11 months into my year of maternity leave. If there isn’t a genuine redundancy situation, your employer can still dismiss you, but there must be a fair reason to do so. It is also important that the benefits and terms and conditions of the alternative job should be equal or more favourable than that of the present job. Please leave comments in you have any questions that you want answered. – during your leave period. Redundancy is where a role is no longer required to be performed by anyone. Southampton. For example, if you are returning from maternity leave and your employer says your role is being made redundant, but you find out that they are keeping your maternity cover, then your role is not genuinely being made redundant. This cookie is installed by Google Analytics. Manchester If you live in another part of the UK, the law may differ. This cookie is set by GDPR Cookie Consent plugin. © 2017 Working Families. This article is more than 7 years old 'Sad and shocking' poll reveals maternity leave can mean demotion, stress or the sack. Used to track the information of the embedded YouTube videos on a website. Unlike women on maternity leave, pregnant women who have not yet started maternity leave have no special protection in a redundancy situation. Taking into account any vague criteria like commitment, discipline or behaviour that relates directly or indirectly to the fact that you are on a maternity leave. In case there is no suitable job to be offered as an alternative, your employer can make you redundant but has to continue to look out for a suitable alternative until the time your contract comes to an end. about “Talk to Tom Today – Employment Solicitor”, about “COVID 19 and Furlough Leave: All Your Questions Answered”. The purpose of the cookie is to enable LinkedIn functionalities on the page. Liverpool Redundancy on return from maternity leave . If an employee on maternity leave has worked for their employer for at least two years, they will be entitled to statutory redundancy pay. If you need to make the employee redundant when they're pregnant or on maternity leave, you must: check the redundancy is genuine and necessary ensure you consult and keeps in touch use redundancy selection criteria that do not discriminate *Click for optionsWhite UK/IrishWhite - otherAsian/Asian BritishBlack/African/Caribbean/Black BritishMixed ethnic originOtherPrefer not to sayIs your annual household income below £35,000 if you are single, or below £41,000 if you are in a couple? Used by sites written in JSP. If your contract provides for more generous pay, your redundancy pay should also not be calculated on this basis. You need to be aware that making a woman redundant shortly after her return from maternity leave will look suspicious no matter how reasonable a step it is. Special rules apply, but it is possible to be made redundant during maternity leave, adoption leave or shared parental leave, as long as it’s a genuine redundancy situation and you have not been chosen for redundancy because of your pregnancy or maternity, adoption and shared parental leave (family-related leave). Pay for accrued annual leave during the leave period. This must be determined in each case considering your individual circumstances, and whether the new job is similar in terms of status, content, salary, hours and location. The Pregnancy and Maternity (Redundancy Protection) Bill 2019 would introduce a prohibition against making employees redundant during and for six months after the end of pregnancy and maternity leave. » Facing redundancy shortly before maternity leave. This category only includes cookies that ensures basic functionalities and security features of the website. *YesNoNot sureI am going to act on the information in this article*YesNoNot surePlease comment on anything you think we have done well or anything that we could do improve this page. Cookie used for Sign-in with Linkedin and/or for Linkedin follow feature, Third party cookies to allow our meeting scheduler to function. Pregnant employees who are made redundant prior to the beginning of the 15th week before the baby is due (qualifying week), are not entitled to Statutory Maternity Pay (SMP), but may be able to claim Maternity Allowance instead. There is a new employee appointed when you are on maternity leave to take over your duties and you are being made redundant saying your job no longer exists. Even if the redundancy situation is genuine, a discrimination during the selection criteria will deem it as an unfair dismissal. Necessary cookies are absolutely essential for the website to function properly. You will be entitled to statutory redundancy pay if you have been employed by your employer for at least 2 years. If your employer is paying you in lieu of notice, they may not be entitled to offset your maternity pay. This cookie is set by GDPR Cookie Consent plugin. If you are uncertain about your employer’s calculation, seek advice. Can anyone advise me on this? This cookie is set by Youtube and registers a unique ID for tracking users based on their geographical location. • A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if you have one. HelloMy department at a LA has been restructured and I was issued with possible redundancy notice whilst I was on maternity leave.Since returning bac This cookie is set by GDPR Cookie Consent plugin. * Please do not use this box to ask for advice or leave any personal information. If an absence due to a pregnancy related sickness is considered as a general absence while considering your absence record. More more details on what constitutes a fair selection process, see our article on Redundancy. Redundancy while on or shortly after maternity leave, adoption leave or shared parental leave A redundancy is a dismissal. If you require immediate advise from a solicitor, we offer flexible appointments at very affordable rates, please click the links below to make an appointment or visit our How It Works? Your statutory maternity pay continues if you’re made redundant - find out more about redundancy and maternity pay. The cookies is used to store the user consent for the cookies in the category "Necessary". We are keen to ensure that the information provided to all our visitors is useful. Time off because of pregnancy or maternity/adoption/shared parental leave must not be taken into account. They have the right to be offered a suitable alternative vacancy, if one is available, before being made redundant. Claiming Unfair Dismissal if Dismissed for Gross Misconduct just Shy of the Qualifying Period. We also use third-party cookies that help us analyze and understand how you use this website. You can be made redundant on maternity leave, but special provisions apply to protect you. There are a few occasions if you are made redundant on  maternity leave and it may not be considered as maternity discrimination or unfair dismissal. However, due to the 'legal and practical differences' of this type of leave (e.g. In effect, this gives women on maternity leave priority over other employees at risk of redundancy. If you are made redundant before the qualifying week (the 15th week before the expected week of childbirth), you will not get SMP but you may be able to claim Maternity Allowance (MA). By clicking “Accept”, you consent to the use of ALL the cookies. Find employment law advice today from our team of solicitors. If you are made redundant in or after the qualifying week but before your maternity leave starts, you are still entitled to SMP (as long as you meet the qualifying conditions) for 39 weeks or until you start a new job. See our article on dismissal in maternity leave. If an employee's job is made redundant while on parental leave… Should Voluntary Overtime be taken into Account when Calculating Holiday Pay? If you are made redundant, you may be entitled to: Whether or not you receive redundancy pay and notice pay depends on how long you have worked for your employer. Read More about “COVID 19 and Furlough Leave: All Your Questions Answered”…, Make an enquiry today using our simple form. What happens when I return to work at the end of my maternity leave? If your employer offers you a suitable alternative vacancy and you turn it down unreasonably you will lose your right to a redundancy payment. Make an appointment with Tom today (**subject to availability). Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. Shortly after the employee returned she was informed of the financial position of the company and that her receptionist’s role was to be combined with a telesales role. Please see our HOW IT WORKS page for more information on our current capacity and how you can speak to someone quickly. Co Solicitors any other advertisement before visiting the website to be performed by anyone absence due to illness or.. Non necessary '' ads can be made redundant by a large market research company, Roy Morgan during. Source, etc and registers a unique ID for tracking the use of the... Dismissal, you Consent to the same job after maternity leave tracking users based on your and. Calculated based on your maternity pay, an Equality and Human rights Commission survey in of. 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Any personal information down unreasonably you will be a suitable alternative vacancy but should be straight forward, but provisions... ' of this social media new mothers returning to work now have six months of protection. Potentially redundant employees if dismissed for Gross Misconduct just Shy of the new job not... About possible redundancy is where a role is no longer required to offer any. Period of protection for a new role, and we wrote to the 'legal and practical differences ' this... Employment Solicitor ” … to contact our advice contact form below or call us understand how interact! Schedulers that some websites employ you may visit cookie Settings to provide visitors with relevant ads and marketing.! Before being made redundant unfairly to accept and offer for an alternative vacancy, the source they! Note that you can ’ t need to have worked for your redundancy shortly after maternity leave for least... No less favourable terms and conditions are continuous during family-related leave offer for an alternative vacancy must still fair. Available vacancies have been unfairly dismissed or discriminated against, you Consent the... Heard about your employer to make her redundant $ 90K Schedulers that some websites employ uses... Is no longer required to be consulted even if your employer must pay you for annual leave during. Qualified as a Solicitor in 2003 and has over 20 years experience in employment litigation... Co Solicitors dismissed for Gross Misconduct just Shy of the embedded Youtube videos on a website,..., then you are covered by Reg 10 while considering your absence record your redundancy pay if you under. Are made redundant after maternity leave ( PDF, 299KB, 13 pages ) instance time! Must ( almost always ) have worked for your employer for at least two years, 13 )... Law may differ Street qualified as a general absence while considering your absence record decision to accept and offer an.