Can redundancy notice be served during maternity leave? For example, can an employer serve a notice of dismissal/redundancy during maternity leave with a date of dismissal after the end of leave period – or is this automatically void and employer must wait until leave is over before issuing a notice?

Posted in : First Tuesday Q&A NI on 3 November 2015
Emma-Jane Flannery
Arthur Cox

 An employee can be dismissed by reason of redundancy during her maternity leave provided a fair process is followed. However, if an employee is dismissed where the only (or principal) reason for her dismissal or selection is related to pregnancy, birth or maternity leave, the dismissal will be automatically unfair and may give rise to a maternity discrimination claim. The same principle applies if the dismissal is connected to the pregnancy or maternity leave. Employers should be aware that if the employee is entitled to statutory maternity pay, she will continue to receive it for the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today
Back to Q&A's This article is correct at 03/11/2015
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

View all articles by Emma-Jane Flannery