Does an employee made redundant while on maternity leave have any special rights?

Yes, an employee on maternity leave is entitled to priority as far as suitable alternative employment is concerned. Where an appropriate vacancy exists they must be offered the alternative employment under a new contract that begins on the day immediately following the day on which their previous contract comes to an end. The new work must be suitable in relation to the employee and appropriate for them to do in the circumstances, and the new contract provisions must not be substantially less favourable than those of the previous contract.

The protected period during which an employee is entitled to be offered any suitable alternative vacancy also applies to pregnant employees (where they inform their employer of their pregnancy on or after 6 April 2024) and to employees who have returned from maternity leave (where the maternity leave ends on or after 6 April 2024). In this case, the protected period lasts until 18 months after the child's date of birth. 

Where a suitable vacancy exists and the employer fails to offer it, the employee's dismissal will be automatically unfair. However, where the employee rejects the alternative employment, or no suitable vacancy exists, the employer is entitled to dismiss by reason of redundancy.

The same right to be offered suitable alternative employment can also apply to employees who are on, or who have recently returned from, adoption leave or shared parental leave. The legislation does not deal with the situation where there is more than one employee in these circumstances for whom a vacancy would be suitable.