Redundancy During Maternity Leave

• Published date: 28 February 2023
• Subject Matter: Employment and HR, Contract of Employment, Redundancy/Layoff
• Law Firm: Gorvins Solicitors
• Author: Amanda Isherwood
• topic: Employment Law

We are now well into the swing of 2023, but unfortunately our employment team have had a great deal of enquiries about redundancies which of course is never a good way for employers and employees to start the year.

In particular our team have received a great deal of enquiries from women who have been placed at risk of redundancy whilst on maternity leave. In light of these recent queries we thought it would be useful to set out some FAQ's on this issue:

Can I be made redundant whilst on maternity leave?

Yes, contrary to popular belief you can be made redundant whilst on maternity leave if it is a genuine redundancy situation, and a fair procedure has been followed. You cannot be made redundant because you are on maternity leave, this would be unlawful.

Do I have any enhanced protection from redundancy during maternity leave?

Yes, under regulation 10 of the Maternity and Parental Leave Regulations 1999 if it is not practicable by reason of redundancy for an employer to continue to employ a woman on maternity leave under her existing contract, she is entitled to be offered alternative employment where there is a "suitable available vacancy."

A woman on maternity leave would not be required to interview for the role in competition with her...