Due to an unexpected and unfortunate downturn in business, I am forced to make some staff redundant. One of the employee’s most suitable for redundancy is currently on maternity leave. Is there anything I need to consider before I make the final redundancy decision?Posted in : First Tuesday Q&A NI on 5 September 2017
It is important that any final decision is not reached until a formal, thorough redundancy procedure has been followed.
In a situation such as the one you have described you should consider that the employee may have a claim for unfair dismissal either on the grounds of unfair selection for redundancy or because her redundancy was related to her maternity leave. The employee has the following statutory protection:
- Under the Maternity and Paternal Leave Regulations (Northern Ireland) 1999 (“MPL”), where an employee faces redundancy during her maternity leave and there is a suitable vacancy
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