Does an employee made redundant while on shared parental leave have any special rights?
Yes, an employee whose role becomes redundant while he or she is on shared parental leave must be offered any suitable alternative vacancy. Where an appropriate vacancy exists the employer must offer the employee the alternative employment under a new contract that begins on the day immediately following the day on which the previous contract comes to an end. The new role must be suitable in relation to the employee and appropriate for the employee to do in the circumstances, and the terms of the new contract must not be substantially less favourable than those of the previous contract.
Where a suitable vacancy exists and the employer fails to offer it, an employee's dismissal will be automatically unfair. However, where the employee rejects the alternative employment, or no suitable vacancy exists, the employer will be entitled to dismiss by reason of redundancy.