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Redundancy: what to do if you have to dismiss an employee on maternity leave

There is nothing to prevent an employer from dismissing an employee on maternity leave whose job has become redundant. However, the employer must take special steps to offer any suitable alternative employment to her ahead of other employees or the dismissal will be automatically unfair.

New model letters added to XpertHR covering redundancy during maternity leave (and adoption leave, where the same principles apply) explain the process. The letters are designed to [subscription required to access the articles below]:

- offer a suitable alternative vacancy to an employee who is made redundant while on maternity leave;

- confirm to an employee who is made redundant while on maternity leave that she has accepted a suitable alternative vacancy;

- inform an employee who is made redundant while on maternity leave of the consequences of turning down a suitable alternative vacancy; and

- inform an employee who is made redundant while on maternity leave that no suitable alternative vacancies exist.

Stephen Simpson | |

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