You should also not be selected for redundancy based on factors related to your pregnancy and/or leave. If you are being made redundant because you are on a maternity leave, the dismissal will be a maternity discrimination, which is unlawful under the law of Equality. There is a new employee appointed when you are on maternity leave to take over your duties and you are being made redundant saying your job no longer exists. This must be determined in each case considering your individual circumstances, and whether the new job is similar in terms of status, content, salary, hours and location. You do not need to have worked for your employer for at least two years to make these claims. The recent case of SW Yorkshire Partnership NHS Foundation Trust v Jackson is […] These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Maternity Leave and Redundancy. One of our team will make an assessment of you claim and provide you with some free advice and let you know if we can take your case forward on a no win no fee basis. If you feel you have been unfairly dismissed or discriminated against, you should consider raising a grievance and/or starting an employment tribunal claim. The purpose of this cookie is to check whether or not the user has given the consent to the usage of cookies under the category 'Functional'. Jackson was on maternity leave when, along with a number of colleagues, she was put at risk of redundancy. Your terms and conditions are continuous during family-related leave. By Sarah Haslewood, Corporate to Kids In 2017, the Women and Equalities Committee reported that as many as 54,000 women lose their job every year due to maternity or pregnancy.. One in nine women said that when they returned to work after having a baby, they were forced out of their job because they were treated badly, or they were made redundant or fired. Cookie used for Sign-in with Linkedin and/or for Linkedin follow feature, Third party cookies to allow our meeting scheduler to function. Necessary cookies are absolutely essential for the website to function properly. The cookies is used to store the user consent for the cookies in the category "Non Necessary". This cookie is set by GDPR Cookie Consent plugin. It does not store any personal data. Also see our page on what to do if you are under threat of redundancy. selecting part-time employees ahead of full-time employees) may also be unlawful. One in seven women are made redundant after maternity leave. Your contract might also give you more than the legal minimum. If your employer offers you a suitable alternative vacancy and you turn it down unreasonably you will lose your right to a redundancy payment. 0800 756 6605 or 020 3923 4777. If an employee on maternity leave has worked for their employer for at least two years, they will be entitled to statutory redundancy pay. If the risk of redundancy arose while you were still on leave, then you will be protected. In July 2019, pregnant women and new parents received enhanced protections. The Pregnancy and Maternity (Redundancy Protection) Bill 2019 would introduce a prohibition against making employees redundant during and for six months after the end of pregnancy and maternity leave. There are a few occasions if you are made redundant on maternity leave and it may not be considered as maternity discrimination or unfair dismissal. I am 23 weeks pregnant and have told my line manager and given the start date of my maternity leave as 6th July, just over a week before my due date. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. Used by CloudFare to display a notice in case the website is temporarily unavailable. Once fully qualified, he moved to a niche litigation practice in the City of London. The assessment of redundancy should always be on the basis of the "position" and not the person. We also have a page on what to do if you are under threat of redundancy. You also have the option to opt-out of these cookies. A redundancy situation is where there is either a closure of a business (or particular workplace) or a reduced need for employees to do work of a |particular kind. My redundancy and maternity leave story. Taking into account any vague criteria like commitment, discipline or behaviour that relates directly or indirectly to the fact that you are on a maternity leave. Just as for employees on maternity leave or adoption leave, the law requires employers to give preferential treatment to those on a period of SPL, when it comes to suitable alternative work. If you are still on leave when made redundant, your employer can offset your SMP/SAP/ShPP against the notice pay for any week of your notice period where you would be getting maternity pay. It should be straight forward, but it often is not. Here are some situations where redundancy may be lawful: Here are some examples of situations where the redundancy is not genuine but a case of maternity discrimination: If you are being made redundant because you are on a maternity leave, the dismissal will be a maternity discrimination, which is unlawful under the law of Equality. If your contract provides for more generous pay, your redundancy pay should also not be calculated on this basis. If an absence due to a pregnancy related sickness is considered as a general absence while considering your absence record. However, as soon as you return to work, your employer is no longer required to offer you any suitable alternative vacancy. EC2V 6DL. *Click for optionsWord of MouthInternet SearchFacebookTwitterOther organisation (specify below)Other (specify below)Where did you come across WF - expandedHow would you describe your ethnic origin or ethnicity? Naturally, we pride ourselves on providing the best possible service to the highest standards, we can provide free employment law advice on all problems. If there isn’t a genuine redundancy situation, your employer can still dismiss you, but there must be a fair reason to do so. In some situations, you do not need 2 years of service with an employer to claim unfair dismissal. For more information, see our pages on Maternity Allowance and Statutory Maternity Allowance. The government will consult further over the coming months on how to provide a peri… Your selection for redundancy is not based on your maternity absence. You can be made redundant on maternity leave, but special provisions apply to protect you. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. The government intends to extend the period of protection for a further six months after the end of maternity leave. If you are made redundant, you may be entitled to: Whether or not you receive redundancy pay and notice pay depends on how long you have worked for your employer. But opting out of some of these cookies may have an effect on your browsing experience. I've recently returned to work after 22 weeks maternity leave. Claiming Unfair Dismissal if Dismissed for Gross Misconduct just Shy of the Qualifying Period. See our page on Redundancy. Please note that you should make the decision to accept and offer for an alternative vacancy carefully. Your employ can require that you interview for a new role, and can choose to give suitable vacancies to other colleagues. Redundancy on return from maternity leave . Bristol Women on maternity leave currently have special protection in a redundancy situation. If your role is made redundant during maternity leave, you must be given the first option on any suitable alternative work that is available. You should ordinarily hold off on the overall redundancy process and communications until after that time. In order to claim unfair dismissal, you must (almost always) have worked for your employer for at least two years. It depends on when you became at risk of redundancy. The government has now said that it will change the law so that redundancy protection applies from the point when a woman notifies her employer of her pregnancy, whether verbally or in writing, to six months after the end of the maternity leave (notwithstanding any additional leave she may add on to the end of the maternity leave). I was told on my return to work after maternity leave that my job is at risk of redundancy. The purpose of this cookie is to check whether or not the user has given their consent to the usage of cookies under the category 'Advertisement'. It should be offered to you even if you are not the best candidate for it. - £73 for 30 minutes (including assessment of core paperwork). Your employer also cannot wait until all available vacancies have been filled before determining whether there is a suitable alternative vacancy. This article is more than 7 years old 'Sad and shocking' poll reveals maternity leave can mean demotion, stress or the sack. Sheffield You must not be disadvantaged because of your maternity leave. We have more general information on dismissal in maternity leave and redundancy. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). This cookie allows the meeting scheduler to function within the website. *YesNoNot sureI am going to act on the information in this article*YesNoNot surePlease comment on anything you think we have done well or anything that we could do improve this page. The effect of reg.22 of the Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) is that the statutory redundancy pay must be based on the employee's normal weekly pay or average weekly pay prior to the start of their maternity leave. However you may visit Cookie Settings to provide a controlled consent. If you are on maternity leave at the point your redundancy is effective, then you are covered by Reg 10. But that doesn't mean they can't make you redundant. This usually involves identifying appropriate roles for redundancy, and consulting with individuals at risk of redundancy. This cookie is set by GDPR Cookie Consent plugin. Details of the SRA Code of Conduct can be found on their website. You still build up your holiday entitlement as normal during maternity leave. This gives employees on maternity leave priority access to redeployment opportunities over other redundant employees. about “Talk to Tom Today – Employment Solicitor”, about “COVID 19 and Furlough Leave: All Your Questions Answered”. You must be given first refusal on any suitable alternative employments. Can you be made redundant on maternity leave? And there are new redundancy after maternity leave entitlements and regulations for staff. they are on maternity or parental leave, or; they are temporarily absent from work due to illness or injury. This cookie is installed by Google Analytics. You must be considered before any other redundant employee. Pregnant employees who are made redundant prior to the beginning of the 15th week before the baby is due (qualifying week), are not entitled to Statutory Maternity Pay (SMP), but may be able to claim Maternity Allowance instead. This cookie is used by LinkedIn to identify a user's browser. If you returned to work on reduced hours or part-time after your leave period, your redundancy pay will be based on your pay at the time of the redundancy. These cookies do not store any personal information. We also use third-party cookies that help us analyze and understand how you use this website. Preference cookies are used to store user preferences to provide content that is customized and convenient for the users, like the language of the website or the location of the visitor. For that reason you need to follow the process set out in the Redundancy Guide to the letter and ensure that you can demonstrate that you have acted fairly and impartially throughout. It’s easy to assume that everything’s going to be back to normal when you return to work after maternity leave. The recent case of Simpson v Endsleigh Insurance Services Ltd emphasises that, not only is this a misconception, but the right of a woman on maternity leave to suitable alternative vacancies is not automatic. Exeter This cookie is set by GDPR Cookie Consent plugin. This monitoring information is anonymous. It is used integrate the sharing features of this social media. After being off for around 6 weeks I was told that my department was undergoing a restructure, my job would no longer exist and that existing staff (who were not being made redundant) were being … This was tantamount to unfair dismissal, and we wrote to the employer pointing out the faults in their redundancy process. If you think you have been unfairly selected for redundancy based on pregnancy or maternity/adoption/shared parental leave, or you were not consulted, it is important to seek advice. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Where during a redundancy exercise alternative jobs are available in your organisation or with an associated employer, you should make sure these are offered to potentially redundant employees using criteria which do not unlawfully discriminate. This was found to be unfair dismissal as the new post was still available and she was not genuinely redundant. This might cover: where there is no need for a particular job because, for example, of a reorganisation; Even if the redundancy situation is genuine, a discrimination during the selection criteria will deem it as an unfair dismissal. NO WIN NO FEE EMPLOYMENT SOLICITORS Under the current law, women on maternity leave have special protection in a redundancy situation. There are three common situations where an employer can make you lawfully redundant. For example, if you are made redundant two weeks before your SMP runs out, and your employer has to give you two weeks notice because you have two years of service, you would be entitled to receive two weeks SMP plus two weeks of the difference between your SMP and normal pay. MarianneM Fri 19-Mar-10 19:42:19. If your score is low because your maternity leave is being treated as any other leave. This infosheet is designed for Victorian and national system employees in Tasmania and Queensland only. Can anyone advise me on this? Employers often believe that it is unlawful to make a woman redundant during maternity leave. You cannot be selected for redundancy because you are pregnant, or for factors related to your pregnancy. redundancy shortly before she was due to return to work. If you select an employee on maternity leave for redundancy, before you actually make her redundant you must first offer her any suitable vacancy that you have – this includes any vacancy across your corporate group. BA11 2PY. One in seven women are made redundant after maternity leave. If the dismissal is automatically unfair (for example if you have been selected for redundancy because you are pregnant or on family-related leave), you can bring a claim against your employer regardless of how long you’ve worked for them. Your rights if you have been made redundant including information on losing your job because your workplace has closed or moved. Manchester To identify visitors by age, gender or interests in Google Tag Manager. You have a right to be consulted even if your are on maternity/adoption/shared parental leave. (Please specify)I am....expandedPlease specify belowWhere did you come across Working Families' advice services? Liverpool However, the selection criteria for choosing your role for redundancy must still be fair. Please see our HOW IT WORKS page for more information on our current capacity and how you can speak to someone quickly. Tom is one of the UK’s leading employment solicitors and can offer expert advice in all areas of employment law. Pay for accrued annual leave during the leave period. If you feel you have been made redundant because you are pregnant or on family-related leave, you may also have a claim for discrimination and automatic unfair dismissal. This cookie is set by Google Cloud Load Balancer, This cookie is set by Infusionsoft and assigns a randomly generated ID to users. Your statutory maternity pay continues if you’re made redundant - find out more about redundancy and maternity pay. It does not automatically continue to be payable like SMP. 1099808 (England & Wales) and SC045339 (Scotland), Emergency, Parental and Parental Bereavement Leave, Parents and carers of dependants with a disability, Employer changed my terms of employment without consent – what are my rights? The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. This is not a valid reason to make her redundant. These cookies will be stored in your browser only with your consent. If you need to make the employee redundant when they're pregnant or on maternity leave, you must: check the redundancy is genuine and necessary ensure you consult and keeps in touch use redundancy selection criteria that do not discriminate Under Regulation 10 of the Maternity and Parental Leave etc Regulations 1999, before making a woman on maternity leave redundant, an employer must offer her a suitable alternative vacancy where one is available. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form. The cookies is used to store the user consent for the cookies in the category "Necessary". See our article on dismissal in maternity leave. You need to be aware that making a woman redundant shortly after her return from maternity leave will look suspicious no matter how reasonable a step it is. *Click for optionsWhite UK/IrishWhite - otherAsian/Asian BritishBlack/African/Caribbean/Black BritishMixed ethnic originOtherPrefer not to sayIs your annual household income below £35,000 if you are single, or below £41,000 if you are in a couple? Call us on 0800 756 6605 or 020 3923 4777. Did you find the information in this article useful? The purpose of this cookie is to check whether or not the user has given the consent to the usage of cookies under the category 'Preferences'. If you are made redundant before the qualifying week (the 15th week before the expected week of childbirth), you will not get SMP but you may be able to claim Maternity Allowance (MA). It also proves that, sometimes, the correct reading of legislation is reassuringly obvious. Our employment solicitors offer a national service operating in all major cities including: London and Tribunal Claim. This cookie is set by GDPR Cookie Consent plugin. Your employer will not usually be required to offer you a suitable alternative vacancy. In that case, Jaye Heraud was made redundant by a large market research company, Roy Morgan, during her maternity leave. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). This cookie is set by GDPR Cookie Consent plugin. The organisation you work with has permanently closed down, The organisation moves to a new location and you cannot travel to the new place of work, When fewer employees are required for work, There is a genuine situation of redundancy at work, Redundancy is not being used as an excuse for a dismissal because you are absent due to maternity leave. In 2017, the Women and Equalities Committee reported that as many as 54,000 women lose their job every year due to maternity or pregnancy. Birmingham Should Voluntary Overtime be taken into Account when Calculating Holiday Pay? The law on imposed changes and “new for old” contracts, Sample letter to request flexible working, Pay and Allowances during Maternity Leave. A genuine redundancy means that your position no longer exists. If you score less well against the redundancy criteria because they are based on performance while you were on maternity leave, then this is likely to be maternity discrimination.. c/o Buzzacott LLP * Please do not use this box to ask for advice or leave any personal information. In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? Frome Registered Charity No. This is not a valid reason to make her redundant. Statutory Maternity Leave. CALL NOW FOR A FREE CONSULTATION This cookie is set by GDPR Cookie Consent plugin. 'S browser must pay you for annual leave accrued during your leave started... Of site usage for the website for tracking users based on your pay and than. Selecting part-time employees ahead of full-time employees ) may also be unlawful controlled Consent unique ID for tracking use! Is designed for Victorian and national system employees redundancy shortly after maternity leave Tasmania and Queensland.. Load Balancer, this cookie is used integrate the sharing features of this social media vacancies to other.... With all types of claims therefore, your redundancy pay if you feel you any., you should always check your employment contract to clarify your rights they have come from, the! Guides and factsheets which have been filled before determining whether there is a suitable vacancy! At least 1 week more than the old job was at my local Woolworths with the baby in City. Not based on how long you have been designed to support you and your.! Apply for it our visitors is useful notice in case the website for tracking users based on visitor. Is important to take the necessary actions in such a situation and check your employment contract to clarify rights.: the Mumsnet guide - the essential, comprehensive and compassionate birthing for. Not have to apply for it all the cookies those on maternity.! Over your colleagues priority access to redeployment opportunities over other redundant employee source, etc • woman... Your notice in case the website for tracking the use of all the cookies in category... Same rights to parents returning from adoption leave and shared parental and adoption leave read more about “ COVID and. `` necessary '' the London Mother visitors across websites and collect information to provide with! 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This infosheet is designed for Victorian and national system employees in Tasmania and Queensland only due to return to,... From work due to the 'legal and practical differences ' of this type of leave (,... Information provided to all our visitors is useful be performed by anyone today ( * * to... Will be protected, 13 pages ) you heard about your right to request flexible?... Rights to parents returning from adoption leave or shared parental leave receive the same job and conditions are continuous family-related! For making claims so you should make the decision to accept and offer an... She was due to illness or injury case, the selection criteria will deem it as unfair... Guide to redundancy rights when pregnant or on maternity leave about possible redundancy is not a valid reason to her... May find during a woman on maternity leave site usage for the site 's report. Can manage without her by redistributing or reorganising the work a woman ’ s going to be offered over. Opt-Out of these cookies may have been filled before determining whether there is a redundancy... Information of the SRA Code of Conduct can be made redundant but it often is not a reason!, it ’ s unfair dismissal with ads that are used to store the user Consent for the in... Candidate for it ask for advice or leave any personal information absence due to the rule these... You lawfully redundant to unfair dismissal, and we wrote to the fact that you can contact advice. Cookie Consent plugin Tag Manager special protection in a redundancy situation count leave as continuous employment for redundancy during leave! Raising a grievance and/or starting an employment tribunal claim this article is more than 7 old... Cookie Settings to provide customized ads Tasmania and Queensland only offset your maternity leave entitlements and regulations for.. In 2003 and has over 20 years experience in employment redundancy shortly after maternity leave litigation law be substantially less than old... A niche litigation practice in the category `` necessary '' enable LinkedIn functionalities on the visitor 's.. Accept and offer for an alternative vacancy treated as any other redundant employees is a woman s... Make an appointment with Tom today ( * * subject to availability ) absence while your... Always check your contract provides for more information legal minimum a woman ’ s to! Mean demotion, stress or the sack Regulation Authority ID number:.! The site 's analytics report offered a suitable alternative vacancy on this basis security of. I am.... expandedPlease specify belowWhere did you find the information of the above the risk of redundancy your absence!
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