If an employee is on maternity leave and a company has to make redundancies, are there any restrictions in legislation that would prohibit doing this?

Posted in : First Tuesday Q&A NI on 7 April 2010
Emma-Jane Flannery
Arthur Cox

It is a common misconception held by employers that they cannot make employees on maternity leave or pregnant employees redundant. There is nothing to prevent an employer making such an employee redundant, provided it takes care to avoid discrimination and ensures the decision is based on objective selection criteria and that fair procedures are followed.

The basic risks are these: if an employee is dismissed (which includes non-renewal of a fixed-term contract) while pregnant or on maternity leave, there are risks of a claim for unfair dismissal and/or sex discrimination if:

* There is no

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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