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How to deal with employees on adoption leave, or who are adopting a child, in a redundancy situation

Author: David Jones


Click on any of the hyperlinks to go to more detailed guidance below.

  • Bear in mind that employers can make employees redundant when they are on, or intend to take, adoption leave, provided that the adoption leave is not the reason for selection for redundancy.
  • Remember that the dismissal of an employee because of adoption leave will be an automatically unfair dismissal and there is no requirement for the employee to have the normal qualifying service to bring a claim.
  • Use redundancy selection criteria that do not put employees on adoption leave at a disadvantage.
  • Offer any suitable alternative employment to employees on adoption leave and ensure that these employees take precedence over others.
  • Ensure that employees on adoption leave are engaged in the redundancy consultation exercise.
  • Remember that if an employee qualifies for statutory adoption pay he or she remains entitled to it after dismissal for redundancy.
  • Calculate statutory redundancy payments on the employee's normal pay and not on his or her adoption leave pay.
  • Remember that payment during the notice period is made on either the employees' normal pay or adoption leave pay, depending on the terms of the contract.
  • Provide written reasons for dismissal to employees who are made redundant while on adoption leave.