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 which she has not been offered, the employee is entitled to be regarded as unfairly dismissed under
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Back to Q&A's This article is correct at 05/09/2017
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.