Can I Be Made Redundant When I’m on Maternity Leave?

A genuine redundancy situation only occurs in three types of situation:

1. Business closure: the organisation is closing or has already closed.
2. Workplace closure: the organisation is closing the location that you operate from.
3. Reduction of the workforce: the organisation is changing the types or number of roles needed to do certain work.

It is unlawful discrimination to be made redundant because you are pregnant or on maternity leave.

Further, where there is a possible redundancy situation, the employer must speak with all ‘at risk’ employees and this includes those who are off work with pregnancy-related sickness or are on maternity leave.

Otherwise, if you are excluded from a consultation that is also discriminatory.

During consultation, the employer must consider ways to avoid a redundancy, including whether there are any alternative roles.

Currently, if you are selected for redundancy while on maternity leave and there is a suitable alternative job available, you have the right to be offered this role before anyone else, even if they are also at risk of redundancy.

However, this is limited only to those who are identified and confirmed as redundant during the period of statutory leave and does not apply if you have returned from maternity leave.

However, new law was brought in 2023 to extend the period of this protection.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 provides for Regulations to be made to extend the current right to be offered suitable alternative vacancies in a redundancy situation to pregnant employees, employees who have recently suffered a miscarriage and employees who have returned from maternity leave (as well as those who have returned from adoption leave or shared parental leave).

The Regulations (the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024) are currently in draft format but are expected to come into force on 6 April 2024.

If brought into force as drafted, the right to be offered a suitable alternative vacancy in a redundancy situation will apply during a new ‘protected period’ which starts on the date when the employee notifies their employer of their pregnancy and ends 18 months after the child’s birth.

This therefore extends the current protection to those who are pregnant and those who have returned from maternity leave. 

We encourage you to seek advice as soon as possible if you think you have been discriminated against because of pregnancy or maternity leave or if your employer has failed to offer you a suitable alternative role.

The time limit to bring a claim in the Employment Tribunal is only three months (less one day) from the act of discrimination or date of redundancy.

This is an extremely short period, let alone when you are pregnant or have a new baby to look after!

There have been various campaigns lobbying to extend this time limit.

However, to date, there is no indication that the Government will change this.

It is, therefore, crucial that you seek advice quickly to understand your position