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
Arthur Cox
Arthur Cox
Issues covered:

 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 remainder of the SMP period, even if this extends beyond the termination of her employment. An

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Back to Q&A's This article is correct at 03/11/2015

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

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