In the situation where there is more than one employee on maternity leave and at risk of redundancy, and only one alternative vacancy, how should I decide who to give it to?

Posted in : First Tuesday Q&A NI on 3 July 2024
Chris Fullerton
Arthur Cox NI
Issues covered: Maternity; Redundancy; Procedures

In the unfortunate event that a redundancy scenario arises, making it impracticable for an employer to continue to employ an employee who is on maternity leave under their existing contract, employers must follow the legislative requirements and offer the employee any other suitable vacant role that exists. The employer must offer the employee on maternity leave any other existing vacancy which is suitable given their circumstances and does not have substantially less favourable terms of employment, whether this be under the employment of the employer, their successor or any other associated employer.

However, this situation can become increasingly more difficult when several candidates for

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Back to Q&A's This article is correct at 03/07/2024

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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