Manage pregnant employees and those on maternity leave in a redundancy situation

Key points

  • The employer should ensure that it includes employees on maternity leave in the redundancy consultation process.
  • It must also ensure that any selection criteria are objective and non-discriminatory and applied fairly. This would mean, for example, excluding any absences due to pregnancy or pregnancy-related reasons, where absence is one of the selection criteria.
  • The employer needs to take into account that an employee who is made redundant while on maternity leave has special rights relating to being offered suitable alternative work.
  • Once an employee has qualified for statutory maternity pay, they will be eligible to be paid for the full period even if they are made redundant before or during the maternity leave period.

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