Redunancy during maternity leave – Can you make a woman who is on maternity leave redundant?
The short answer is yes. However,
do it properly or you risk facing claims for either unlawful discrimination or automatically unfair dismissal.
Maternity Leave is classed as a “protected period”. Unfavourable treatment of a woman who is on maternity leave is unlawful. Selecting a woman for redundancy during maternity leave may be interpreted as because of her pregnancy. Maternity leave or a related reason is automatically unfair dismissal and quite likely to be unlawful discrimination.
A woman on maternity leave has the right to return to the same job that she had before she started her maternity leave. Although, even if you think that the temporary person you’ve used to cover her leave is a better worker.
If you’re satisfied that you have a genuine redundancy situation, make sure that you consult with the employee on maternity leave. Remember, if she’s at risk of redundancy during maternity leave she must be offered any suitable alternative vacancy that you have. You must also be aware that she doesn’t have to apply for it.
Contact Us:
I f you are considering redundancies and want to do the job fairly and lawfully, please contact us on 01706 565332.
Metis HR is a professional HR Consultancy based in the North West of England supporting clients across the country. We specialise in providing outsourced HR services to small and medium-sized businesses. Call us now on 01706 565 332 to discuss how we may help you.
