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
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
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