Redundancy during maternity leave


A. If you have been selected for redundancy because you are on maternity leave, then this is unlawful. However, if there is a genuine redundancy situation and your employer has gone through a fair redundancy procedure, then dismissing you while you’re on maternity leave is potentially lawful.

You must be consulted about the potential redundancy in the same way as other staff who are not on maternity leave. You’ll want to gather as much information as you can about the process so you can establish the reason for your selection. 


Questions you’ll need to ask include the reasons for the redundancy; how many people are to be made redundant; and how that selection was made. Any criteria that are pregnancy- or maternity- related (such as time off for sickness due to pregnancy) should have been disapplied. 


Where you do have additional protection is in relation to alternative employment. Under Regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312), you must be given priority for any alternative employment that is available.