Does an employee who is made redundant while on adoption leave have any special rights?
Under reg.23 of the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788), an employee on adoption leave whose role becomes redundant is entitled to be offered any suitable alternative vacancy. If the employer fails to offer the employee any suitable alternative vacancy, the dismissal will be automatically unfair under s.99 of the Employment Rights Act 1996.
If no suitable alternative vacancy exists and the employment is terminated for redundancy, the employee is entitled to notice and a written statement of the reasons for dismissal. A qualifying employee is also entitled to a redundancy payment and any outstanding statutory adoption pay.