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
Arthur Cox
Arthur Cox
Issues covered:

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 genuine redundancy situation – for example, she is dismissed ostensibly for redundancy but in reality,

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

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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