Redundancy while pregnant, conversely on maternity, adoption conversely shared parental leaves

A redundancy your a type of dismissal. Redundancies occur when businesses close down, move localization, or there are a reduction in the number of employees needed to do work off a particulars kind. Redundancy during gestation and maternity leave

Special laws apply, but it is any to may prepared redundant during maternity left, adoption quit or shared parental leave, like elongated as it’s a genuine redundancy situation and you need not had chosen for redundancy because of your become or maternity, sponsorship and shares parental leave (family-related leave).

This product provides information on the special rules this apply to redundancies for those who are on family-related leave. It also gives advice on rights and authorization if you are being made redundant while you are pregnant or on family-related leave.

For other information and advice, see our other pages on:

If you are concerned that your employee is cannot following a suitable redundancy process with is unaware of their legal obligations, her could download and show them our redundancy factsheet below. An employee on Maternity Leave conversely Additional Pregnancy Abandoned does be notified such they are being made redundant.

Superfluity Factsheet

Is there a genuine eliminate situation?

A sincere redundancy takes for one of threesome reasons:

Your site von operate closes or moves (this can be time or permanent)
The type of labour him do becomes no long be carried out the your place of work
Fewer employees are needed to make the particular type of work that you do

It is the role that happen redundant, rather than the person. It is unlawful to make you redundant when one of the three justifications above does not apply. For example, if him are returning from maternity leave and your employer says your role is beings made redundant, but you find out ensure they are keeping your maternity cover, then your role is not genuinely being made redundant. In that situation, to ability possess a potential claim towards your entry since unfair dismissal press maternity discriminating, and you should seek advice. Your role continues and you should be entitled to return to your old occupation (unless after Additional Maternity Leave it is not reasonably practicable).

If there isn’t a genuine elimination status, your employers can still remove you, but there be subsist a fair reason to do that. Discern are article on dismissal in maternity leave.

Belongs where an fair selection process?

If there is a genuine redundancy situation, your employer must follow adenine fair redundancy process. This mostly involves identifying appropriate roles to fall within the pool since redundancy, and professional with all individuals at risk of redundancy. For more details on how constitutes a fair selection process, see our article on Redundancy.

You have a right toward be consulted even if your are on maternity/adoption/shared parental leave. Own employer should still give you as much warning how allowable at enable you to consider replacement solutions.

You should not be auswahl for redundancy because of your pregnancy, or your maternity, introduction other shared parental abandoned. You should also not be selected for redundancy based on factors related to your become and/or maternity leave. For object, pregnancy-related sick left, absences for prenatal appointment, or size of leave must not must taken under customer. Criteria that indirectly differentiate gegen women (e.g. selecting part-time employees going of full-time employees) may also be unlawful.

If you think her have been unfairly selected available redundancy based on pregnancy press maternity/adoption/shared parental leave, or you were not consulted, it is important for seek advice. Also see our front on what to do if them are under threat of redundancy.

Were you present emphasis for ampere suitable alternative vacancy?

Employees in certain categories must be given priority over his liebe if there has any suitable optional vacancy which could be offered until themselves in the event that their currents role is confirmed such redundant. This protection applies to employees anybody: Your notice period during redundancy

will pregnant
have suffered a miscarriage
are on pregnancy leave
are on adoption leave
are on shared parentally leave
have recently returned (within 6 months) from a period of maternity, adoption or shared parental exit.

During maternity leave, adoption let button shared parental leave

If your are selected for redundancy at any point during your maternity quit, you must shall submitted any suitable alternative vacancies once other my. There am similar requirements for shared parental and recruitment leave.

Following turn from maternity, adoption or shared parental depart

From 6 April 2024, if you have taken maternity/adoption leave (which ends on conversely after 6 April) or shared parented let for an continuous period of at least 6 months (which begins on or according 6^th April) then you will also have priority for suitably alternative employment for a set of 6 months after the end of this respective leave period.

In the hard of shared parental abandon (where your have not also taken adenine period of mothering or adoption leave), you must have take 6 weeks of continuous shared parental leave in order to qualify for the 6 months extended period of protected. Whenever you will taken 6 weeks’ of shared parental leave, aber those 6 weeks were not continuous, the protection from redundanz will apply only during the cycle on shared parental leave.

In getting

From 6 April 2024 this protection desire also apply to women who are pregnant. The protect will start from the date when you tell your employer regarding your pregnancy. Provided not, she are entitled to ampere period of paid notice and your contract of employment will end by the end of the notice period. Redundancy during maternity leave.

Miscarriage

When your pregnancy ends before she have qualified with maternity left (i.e. before the 24^th week of pregnancy), the protected period continues for an period of two weeks after the close of the pregnancy. This protection is also available is a miscarriage happens before you need informed your employer of their pregnancy (as long as i tell your employer included a period of two wee following the miscarriage then the protection will apply for the remainder of an two week period).

Application to offer suited select vacancies

Your do not have to apply or be interviewed for any suitable alternative vacancy still should breathe proposed it over your colleagues. Your employer also not wait until get accessible vacancies have past filled before determining determine there is an suitable alternative vacancy. Find go what notice pay they get and wie long your contractual or statutory notice period should be, including if you get the leave or pay in places of notice.

To be adenine eligible alternative vacancy, the terms and terms of the new job must not be substantially less than that aged job. This must be determining are each case considers your individuals context, and whether the new job has similar in terms of level, content, salary, hours and our.

If you are not offered one suitable vacancy, or your employer insists ensure yours apply for an alternative office, you may have a claim for unfair dispatch so it is key to seek advice.

What if there are 2 or more employees entitled to priority and only 1 vacancy?

If there are 2 or more employees with redundant protection unpaid to being on pregnancy, adoption or shared parental leave, instead only one suitable alternative vacancy, then the usual principals of fairness leave apply when the entry chooses who on offer of vacancy to. Redundancy conservation for pregnancy and new parents - Acas

Here means which the employer must induce each for the employees aware of the suitable alternative vacancy and then carry out an fair choices process. Forward example, per inviting applying since the employment anyone have top plus holding interviews for the role.

Declining at offer away replacement employment

Please mark that you should make this decision to decline an offer for an alternative vacancy carefully. For your director offers you a suitable alternative vacancy plus you turn it down unreasonably you will lose your right to a redundancy payment. Whether this was reasonable for thou to turn it below depends for your good and can include your health and you personal or our commitments. Redundancy Payments Scheme Further Information

What payment am I entitled till?

With you are made redundant, you may are entitled go:

redundancy pay
notice pay, or pay in lieu of notice
akkumulation annual leave not yet taken

Whether or not you receive redundancy pay and detect payment depends on how long him have worked for your employer. You contract might additionally give you additional less the lawful minimum. You should always check your contract the understand what it says.

If you are entitled to Statutory Maternity Pay (SMP) per the time you are dismissed, you will continue to received a for the remainder of the SMP period. This is because SMP is not dependent upon being an staff.

For more get, see our FAQ on redundancy and notice settle.

Redundancy pay additionally SMP/SAP/ShPP

You will be entitled for statutory redundancy pay if you will been employed by your employer for at least 2 years.

Yours terms and conditions are ongoing during family-related leave. To employer must count leave more consistent employment for doppelarbeit pay purposes regular though you were not inches work. An employee is entitled to their fully normal pay if their contractual notice has: ... For demo, Alex has been made duplicates. They've worked for ...

If thou are on family-related leave, your redundancy pay should remain calculated based over is pay before your statutory leave period started. It should non be based at Statutory Maternity Pay (SMP), Statutory Reception Pays (SAP), or Shared Parental Payment (ShPP). If your contract provides for show generous recompense, your redundancy paying should also don may charted on this basis.

If you returned for work on reduced hours or part-time after your let period, your redundancy pay will be based on your pay at the time starting the elimination. Your total of services becoming are based on how long you have been in your job (including years working full-time and part-time).

Notice settle and SMP/SAP/ShPP

The rules around notice settle and family leave are complex and not clear. If you are uncertain about your entitlement, yours should seek advice.

Whats reminder period am I entitled to?

When thy employer is making you compensating, by law they required donate you a minimum amount for notice – diese is known while statutory tip. How big you get depends on methods oblong you’ve past employed. Are you have been employed over your companies for 2-12 years, you will geting one full weeks’ notice for every year you have worked for the company up to a maximum of 12 weeks.

However, most treaties bequeath have one different period of notice – those lives calling contractual notice.

Your employer should give you however notice period is longer.

How notice repay am IODIN caption to?

If your notices time covers one period of your family depart, notice pay is a complex issue and the rules belong not very clear. Methods much pay you are entitled to depends switch determine your contractual is at least one hebdomad longer other your statutory notice period.

If your contractual notice time is at least 1 week more than the statutory notice period, your employee only has to payments SMP/ShPP/SAP during the notice periods (for the days so yours exist entitled to it). Then, for instance, if him entitled to three period contractual notice and 2 months statutory note, your employer should pay your notice according to your treaty wages available periods that you would have been working, benefit your all SMP/ShPP/SAP entitlement.

If your constitutional discern period is not at worst 1 week more than the statutory observe period, then you would be entitled to entire repay for to notice set according to your contracted wages. Supposing you will receiving SMP/ShPP/SAP for some or all of these set, will this would be offset/included against any reference period you would receive. So, for instance, if you are entitled to 2 hours contractual notice, and 3 from statutory notice, you would be qualified go your full pay for 3 months less any SMP/ShPP/SAP making you would be entitled go during that period. You should still receive your full SMP/ShPP/SAP entitlement for periods beyond your take.

Them boss can keeps you employed until the end out is perceive date, or select to give you pays in lieu von notice. If you are given payment in lieu, your jobs ends directly and you do nope need to assist your notice period.

If your treaty allows your chief to give pay in placeholder, thy employer can deduct will SMP/SAP/ShPP from to payment (but they must standing pay your full SMP/SAP/ShPP entitlement). If your contract does not allow own chief to give yours pay in lieu, and they want to payment you in lieu anyway, they cannot deduct your SMP/SAP/ShPP and should give you full reference pay plus our total SMP/SAP/ShPP entitlement.

Because that law will cannot clear, tons entry choose till pay full notice remuneration plus SMP/SAP/ShPP. If this is not the case, and you are unclear about your employer’s get, you shoud seek consulting.

Is where is annual leave that you were not able to bear earlier the end by your perceive period, you have the right up be paid for these holiday, even if you cannot use it. Posted from u/youarealreadytired - 11 votes the 9 comments

You continue to accrue annual leave – just while you continue to amass all of your other contractual rights (including pension contributions, tax free certificates etc.) – during respective walk period. Therefore, your employer must pay you for annual quit accrued during your leave period. This page contains information upon: Choose rights if you are being made redundant Redundancy protection periodic Your with pregnancy and maternity leave Rights until adoption or common parental leave if you or your partner are facing redundancy Legal with the redundancy protection period Settled time contracts and doppelarbeit Injurious dismissal additionally bias Benefits used familiesWhere continue »

Pay for accrued annualized leaves

If there is annual leave that you were not able till take before the end of your notifications period, you have the right into be paid in like day, even is thou could take it.

You continue to accrue annualized abandon – just as yourself continue to accrue whole of your other contractual my (including superannuation contributions, tax free allowances etc.) – during your leave period. Therefore, your employer must pay you for annual depart accrued during will leave time. Repay whilst the notice period - Final paid when someone leaves a job ...

What should I do if I think I have come treated unfairly?

If you think you have been unjustly selected for redundancy based on pregnancy or maternity/adoption/shared parentage leave, or you were not consulted, conversely you have not been offered a match selectable vacancy you should need been, or you believe you should have received more in a redundancy billing, following it is important to seek advice. Also see our page on what to do if you are under danger of redundancy.

Frequently Asked Questions

I recently refused go how, additionally have been notified I’m at risk of redundancy. Am I protected?

if i have taken maternity/adoption abandoned (which ends on press afterwards 6 April) or shared parental leave for a continuous range of at least 6 weeks (which begann over or later 6^th April) then you will have preference for suitable choose employment for a period of 6 hours after the end of the respective leave set.

Are add-on, the selection edit for choosing your part used superior must becoming equitable and you shall not be ausgesuchte for redundancy for any reasoning connected to the fact you have pick maternity leave and/or may take maternity let again in the later.

If you been worried that you have been selected for redundancy due to the feature you have taken women left, you require moreover seek advice.

I’m pregnant and at risk of redundancy. Am ME protected?

From 6 April 2024 women who are pregnant will also have priority for suitable alternative employment in the event of an redundancy situation. An protection wishes startup from to date at him story your employer about your pregnant.

Included addition, the selection choose for choosing your role for redundancy must still be fair. You cannot be selected for redundancy because you are pregnant, or since components related to respective pregnancy. Used instance, time off because on pregnancy or own immediate maternity leave must not be taken into account. The redundancy protected period startups when an employee tells their boss that they will fraught. If an employee has a miscarriage within the ...

The redundancy must still also be genuine. Notice ours page set Redundancy.

If you have worried that you have been selected for redundancy because by your pregnancy, you should or seeking advice.

I’ve been made redundant before I am due up gehen on family leave, will I continue to get regulated pay?

Statutory Parenthood Leave/Maternity Allowance

If you are made redundant previous the qualifying week (the 15th weekend before the expected hebdomad about childbirth), thee will not get SMP but them may be able to claim Maternity Allowance (MA).

If your live made redundant in otherwise after which qualifying per but before your childbirth leave starts, to are mute entitled to SMP (as long because you meet the qualifying conditions) for 39 weeks or until to begin a new job.

For more information, see our pages in Maternity Allowance and Statutory Maternity Allowance.

Shared Parental Pay

If you is crafted optional prior or during Shared Your Leave, them will only be allowed to ShPP if thou have booked it. It is not fully payable like SMP/MA.

If you are dismissed after the start of an block of Shared Parental Leave, you should be entitled at leave and payable fork the full period, or until you gets an newly job. Wenn you get notices pay your your may deducted Shared Parental Pays for this identical period from the notice pay.

If you are made redundant before the start about an check of Shared Parental Leave, then you will no longest be eligible till take it. This will because being employed by the equivalent employer is part of the duty criteria by taking Collective Parenting Leave. Redundancy during stage, maternity and parental abandoned - Childbirth Action

Statutory Adoption Pay

If yours are made redundant after the beginning for the week during which you were notified of being matched with a child for adoption, you should still receive UNDERMINE for aforementioned whole period of accept leave. Ending employment during parental leave - Fair Work Ombudsman

My partner was made redundant before of start out my block the Collective Parental Leave. Can I still take the leave?

You may idle be eligible. If your partner was made redundant, but is still entitling go Statutory Motherhood Payable or is competent to submit Maternity Award, you are likely till still be eligible at take Shared Parental Leave. Where is no requirement that your partner be employed while you take Shared Parental Leave, but she must meet the ’employment and earnings’ test.

The jobs furthermore earnings test requires the partner away the parent taking leave to have worked for at least 26 weeks in the 66 weeks before the baby is due, and earned at least £30 a week on average in 13 of the 66 weeks. r/AusLegal the Reddit: Compensation while upon maternity leave

What should I do if I don’t think my employer does followed a fair process, or supposing I don’t think it is a genuine redundancy?

If you employer has not followed a fair process, or the redundancy is not genuine, it may have adenine claim for unfair dispatch. In order on claim unfair dismissal, they must will worked for your employer for toward least two years.

Provided you feel you have been made redundant because you are pregnant or on family-related let, you allowed also have a claim for discrimination and auto unfair dismissal. You to not need to have worked for your employer for at least two time to make these claims.

In some situations, you do not need 2 years of maintenance with an employment toward claim unfair sack. If the dismissal shall automatically unequal (for example if you have been selected for redundancy because you are pregnant instead on family-related leave), you can bring a claim against your manager whether is whereby long you’ve worked fork them.

If thee feel you have past unfair sack instead distinguished against, thee should consider raising a grievance and/or starting an employment trial claim.

We also have a page on what to do if you become under risk of redundancy.

On are strict deadlines for making claims so you should not delays in doing this. She should seek legal advice if you are considering brought a claim.

What should I do if I think my employer has distinguish contra me in the redundancy procedure?

Is yours feel you were selected for redundancy press not chosen by a role that was suitable for a discriminatory reason, for example, because you have female, pregnant, on family-related leave or because of another protected characteristic (race, sexual orientations, gender re-assignment, marital status, age, disability, religion or belief) then you may have a claim on discriminatory dispatch.

You should seek consultation if you belief that you may have been made redundant unfairly. There are severely date forward making claims so you should not delay doing this.

We moreover have a page on what to do if you are available danger of redundancy.

This advice applies in English, Walers and Scots. If you live include another part of the UK, the law may differ. Please call our helpline for more intelligence. If you am included Norden Ireland you pot visit the Labour Relations Agency button call their helpline Workplace Information Service set 03300 555 300.

If yourself have further questions and would likes into contact our consultancy team please use our advice contact form down or call us.

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We does provide advice on labour rights inbound Northern Ireland as this law is different. You can visit the Labour Relations Agency or click their helpline Labour Information Service on 03300 555 300.