Can You Be Made Redundant While On Maternity Leave?

Summary

Whilst on maternity leave, you should be able to enjoy the time with your new baby without having to worry about your job security when the time comes for you to return. However, many new mothers do often ask questions surrounding their job security, including 'Can you be made redundant while on maternity leave?' In this guide, we provide insights into redundancy laws and your rights when on maternity leave to help take away any worries, so you can go back to enjoying the baby bubble! A person on maternity leave can be made redundant, but employers must ensure a fair and legal redundancy process. They cannot make you redundant just because you are on maternity leave. It is important to know that employees on maternity leave are afforded legal protections to prevent unfair redundancy. Individuals are protected from redundancy during Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML). On 24th July 2023, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (“Act”) came into force and will be effective around April 2024. This Act gives power to the Government to increase protections from redundancy for pregnant workers and new parents who have recently.

Key information

• the first 6 weeks: 90% of their average weekly earnings (AWE) before tax
• the remaining 33 weeks: £172.48 or 90% of their AWE (whichever is lower)
• Whilst on maternity leave, you should be able to enjoy the time with your new baby without having to worry about your job security when the time comes for you to return. However, many new mothers do often ask questions surrounding their job security, including 'Can you be made redundant while on maternity leave?'
• In this guide, we provide insights into redundancy laws and your rights when on maternity leave to help take away any worries, so you can go back to enjoying the baby bubble!
• A person on maternity leave can be made redundant, but employers must ensure a fair and legal redundancy process. They cannot make you redundant just because you are on maternity leave.
• It is important to know that employees on maternity leave are afforded legal protections to prevent unfair redundancy. Individuals are protected from redundancy during Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML).
• On 24th July 2023, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (“Act”) came into force and will be effective around April 2024. This Act gives power to the Government to increase protections from redundancy for pregnant workers and new parents who have recently returned to work.
• Pregnant women and those on maternity leave are also protected from discrimination and employment rights by the Equality Act 2010 and the Employment Rights Act 1996.
• Put simply, employers must offer suitable alternative employment and employees are entitled to redundancy pay if no other alternative job role is available. However, certain lawful exceptions exist, so it is important to seek legal advice if you aren't sure on your position.
• If you are on maternity leave, stay informed, communicate openly with your employers, and seek legal advice if you have any concerns about redundancy.
• Overall, the laws aim to safeguard the employment rights of those on maternity leave and mitigate any potential disadvantage during this period.
• Maternity leave is an important part of employment law, safeguarding the rights of pregnant employees and new mothers. It offers essential provisions for balancing work and the demands of pregnancy and childbirth.

Practical guidance

• Source: Can You Be Made Redundant While On Maternity Leave?

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