The cookies store information anonymously and assigns a randomly generated number to identify unique visitors. The government recently published a consultation paper extending protection from redundancy for pregnant women, women who have returned to work after maternity leave and new parents. Click the button below to start your claim >>, Maidsgrove Farm To benefit from maternity leave, you should tell your employer by the end of the 15th week before the week your baby is due, when you give notice of your intention to take maternity leave and claim Statutory Maternity Pay (SMP). This page contains information on:Discrimination during maternity leaveRights during maternity leave Returning to workResigning during or after maternity leaveHow to resolve disputes at workBenefits for familiesWhere to go for more helpMore Maternity Action information sheets March 2019 The law protects you against unfair treatment and dismissal because of childbirth or because you have more » Have you heard about your right to request flexible working? These cookies do not store any personal information. Can’t wait for free advice? This cookie is used by LinkedIn to identify a user's browser. Registered Charity No. 2. This cookie allows the meeting scheduler to function within the website. You should also not be selected for redundancy based on factors related to your pregnancy and/or leave. If you feel you were selected for redundancy or not chosen for a role that was suitable for a discriminatory reason, for example, because you are female, pregnant, on family-related leave or because of another protected characteristic (race, sexual orientation, gender reassignment, marital status, age, disability, religion or belief) then you may have a claim for discriminatory dismissal. Holiday. It depends on when you became at risk of redundancy. Claiming Unfair Dismissal if Dismissed for Gross Misconduct just Shy of the Qualifying Period. Your statutory maternity pay continues if you’re made redundant - find out more about redundancy and maternity pay. There are strict deadlines for making claims so you should not delay doing this. An employer’s obligations to employees on parental leave are not hollow, or to be cast aside for business convenience. If an employee on maternity leave has worked for their employer for at least two years, they will be entitled to statutory redundancy pay. • A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if you have one. If you are on maternity leave at the point your redundancy is effective, then you are covered by Reg 10. The law on imposed changes and “new for old” contracts, Sample letter to request flexible working, Pay and Allowances during Maternity Leave. - £73 for 30 minutes (including assessment of core paperwork). *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? Redundancy is where a role is no longer required to be performed by anyone. (Gross income, before tax)*Click for optionsYesNoPrefer not to sayIs there anything you would like to add?EmailThis field is for validation purposes and should be left unchanged. Those made redundant after the qualifying week are entitled to SMP in addition to any relevant redundancy payment. Your employ can require that you interview for a new role, and can choose to give suitable vacancies to other colleagues. Frome This grievance letter example is from a case whereby our client was managing a UK branch of an international company, and then when she went off on maternity leave she was made redundant. When you go back to work after taking Additional Maternity Leave (any part of the second six months of maternity leave) you have the right to return to your old job on your old terms and conditions unless it is “not reasonably practicable”, in which case your employer must offer you a suitable alternative job on similar terms and conditions. You cannot be selected for redundancy because you are pregnant, or for factors related to your pregnancy. Made redundant while on maternity leave. 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. Used to track the information of the embedded YouTube videos on a website. My wife is on maternity leave and was made redundant recently due to company restructure in light of covid - the payout is about $50K. Redundancy Shortly After Maternity Leave. This cookie is set by GDPR Cookie Consent plugin. You can be made redundant on maternity leave, but special provisions apply to protect you. 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. This cookie is set by Google Cloud Load Balancer, This cookie is set by Infusionsoft and assigns a randomly generated ID to users. they are on maternity or parental leave, or; they are temporarily absent from work due to illness or injury. Statutory Maternity Leave. The government will consult further over the coming months on how to provide a peri… Because I was made redundant today, 11 months into my year of maternity leave. If you require immediate advise from a solicitor, we offer flexible appointments at very affordable rates, please click the links below to make an appointment or visit our How It Works? A genuine redundancy means that your position no longer exists. Note that if SMP/SAP/ShPPP may also be payable even after the termination date, for up to the full 39 week period (or until you get a new job). If you are not offered a suitable vacancy, or your employer insists that you apply for an alternative role, you may have a claim for unfair dismissal so it is important to seek advice. 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'. We have more general information on dismissal in maternity leave and redundancy. This cookies is set by Youtube and is used to track the views of embedded videos. Our Employment Law Solicitors can assist with all. 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. 0800 756 6605 or 020 3923 4777. If an absence due to a pregnancy related sickness is considered as a general absence while considering your absence record. redundancy shortly before she was due to return to work. One in seven women are made redundant after maternity leave. 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? It’s unfair dismissal and maternity discrimination if your employer says you can’t return to the same job. The purpose of the cookie is to enable LinkedIn functionalities on the page. This cookie is set by GDPR Cookie Consent plugin. This article is more than 7 years old 'Sad and shocking' poll reveals maternity leave can mean demotion, stress or the sack. Used by CloudFare to display a notice in case the website is temporarily unavailable. Naturally, we pride ourselves on providing the best possible service to the highest standards, we can provide free employment law advice on all problems. In some situations, you do not need 2 years of service with an employer to claim unfair dismissal. You can contact our helpline on 0300 012 0312. 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). Here are some examples of such discriminatory selection criteria: If you are being made redundant when you are on a maternity leave, you have the right to be offered an alternative job, before it is offered to other employees. Somerset Even if the redundancy situation is genuine, a discrimination during the selection criteria will deem it as an unfair dismissal. For instance, pregnancy-related sick leave, absence for prenatal appointment, or length of leave must not be taken into account. You are being included in all consultations, meetings and communications about redundancy. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. If your role is made redundant during maternity leave, you must be given the first option on any suitable alternative work that is available. and Tribunal Claim. You should always check your contract to see what it says. about “Talk to Tom Today – Employment Solicitor”, about “COVID 19 and Furlough Leave: All Your Questions Answered”. 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. The paper seeks views on whether protection should be extended throughout pregnancy and for a period after a woman returns to work and whether this should also apply to parents who have taken other types of leave. Your selection for redundancy is not based on your maternity absence. the reason for the redundancy arose after the parental leave started; and; there was no prospect of the employee being redeployed to a similar, but vacant, position. These websites are trading names of Tom Street & Co Solicitors. *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. Maternity Leave and Redundancy. If that happens it is important to take the necessary actions in such a situation and check your employment contract to clarify your rights. Cardiff New mothers returning to work now have six months of additional protection, where you can’t dismiss them. However you may visit Cookie Settings to provide a controlled consent. Click the button below to start your claim >>. Please see our HOW IT WORKS page for more information on our current capacity and how you can speak to someone quickly. © 2017 Working Families. * Please do not use this box to ask for advice or leave any personal information. – during your leave period. If you are uncertain about your employer’s calculation, seek advice. 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. Her original return to work date was in about two weeks and there has been a redeployment opportunity for her to consider but at a reduced salary. This is not a valid reason to make her redundant. 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. The selection criteria for choosing your role for redundancy must still be fair. If there is a genuine redundancy situation, your employer must follow a fair redundancy process. Redundancy on maternity leave: Grievance & without prejudice letter. There are strict deadlines for making claims so you should not delay in doing this. In case there is no suitable job to be offered as an alternative, your employer can make you redundant but has to continue to look out for a suitable alternative until the time your contract comes to an end. These reforms … These cookies will be stored in your browser only with your consent. CALL NOW FOR A FREE CONSULTATION The proposed bill would provide certain exceptions to the rule although these have not yet been published. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Read Tom Street’s 20 point guide on furlough leave and how it effects you. MATERNITY LEAVE & REDUNDANCY Who can use this infosheet? This article was originally written for, and posted on, The London Mother. This might cover: where there is no need for a particular job because, for example, of a reorganisation; Sample letter to an employer giving notice of parental leave, Coronavirus (COVID-19) - Return to work and health and safety, One in five working parents has faced unfair treatment at work since COVID-19 onset, Best-practice employers saw increased productivity during lockdown, with many allowing the majority of staff to continue flexing their hours, Talking Talent and Working Families partner to transform the world of work, Top 30 Employers for Working Families 2020 announced, 2017 Modern Families Index summary report, From Child to Adult: A guide to disability, transition and family finances – updated 2019, Flexistability: Building back better for the UK’s working families, Working through COVID-19 and beyond: the perspective from employers, Give a regular gift and become a Changemaker, Redundancy while pregnant, or on maternity, adoption or shared parental leave, Policy reviews, virtual consultancy, and group coaching, Creating a flexible, high-performing workplace, Supporting Mothers: Best practice for employers, Shared Parental Leave: Toolkit for Employers, Dismissal during pregnancy and maternity leave, What to do if you are under threat of redundancy, what to do if you are under threat of redundancy, Dismissal during pregnancy, or maternity, adoption or shared parental leave, Maternity and Pregnancy Discrimination – a guide to your rights, Precedent 3: Redundancy while on maternity leave, Time Limits for Employment Tribunal claims, Your place of work closes or moves (this can be temporary or permanent), The type of work you do will no longer be carried out at your place of work, Fewer employees are needed to do the particular type of work that you do. If you are made redundant during the Shared Parental Leave, you will only continue to be entitled to ShPP if you have booked it for the full period. Your terms and conditions are continuous during family-related leave. This cookie is set by GDPR Cookie Consent plugin. Criteria that indirectly discriminate against women (e.g. 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). Against discrimination law for your employer must pay you for annual leave accrued during your leave period.... Must pay you for annual leave during the selection criteria for choosing your for. Account when Calculating Holiday pay originally written for, and can choose to give suitable to... 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