If You Are On Maternity Leave, Can You Still Be Fired?

Redundancy is a complex process, especially when affected by pregnancy or maternity leave. The law recognizes the vulnerability of pregnant workers and those on maternity leave, offering them specific protections. Starting from 6 April 2024, the redundancy protected period for pregnant employees or those taking maternity leave has been extended. Contrary to popular belief, you can be made redundant during maternity leave if there is a genuine redundancy situation, the correct procedure is followed, and any suitable alternative roles are offered.

If there is no suitable alternative vacancy, a woman can be made redundant during her statutory maternity leave provided the reason for redundancy is unconnected with her. However, it is not lawful to make someone redundant because they are pregnant or on maternity leave, as this is considered automatic unfair dismissal and may amount to discrimination.

Special rules apply, but it is possible to be made redundant during maternity leave, adoption leave, or shared parental leave, as long as it’s a genuine redundancy situation. Statutory Maternity Pay can still be obtained if you are made redundant after approximately week 25 of your pregnancy or during maternity leave. If not, your employer must inform you if there is a redundancy exercise taking place during your maternity leave.

Employees being made redundant while on maternity leave with more than two years of service are entitled to statutory redundancy pay. However, you cannot be made redundant because you are on maternity leave, as this would be unlawful.

What happens if you lose your job while pregnant?

Pregnant women can be fairly dismissed if the main reason for dismissal is unrelated to their pregnancy, but if it is related to pregnancy, it may result in unfair dismissal and discrimination. Reasons for dismissal may include illness, sick leave, time off for antenatal appointments, or poor performance due to pregnancy-related fatigue. Pregnancy can be physically and mentally taxing, and if a pregnant woman cannot perform her job due to illness, she may need to take sick leave.

How much is redundancy pay?

Statutory redundancy pay is provided to employees who have worked for their employer for 2 years or more. This includes 1. 5 weeks of pay for each full year worked from age 41, 1 week for each full year worked between 22 and 40, and half a week for each year worked between 17 and 21. If you’re unsure if you’re legally classified as an employee, consult your employer to check your employment status.

What is the protected period in pregnancy?

The legislation safeguards individuals throughout the “protected period,” which encompasses pregnancy, maternity leave, reemployment, and termination of employment. It is possible for discrimination to occur outside of the protected period if it is related to pregnancy or maternity. In the event of dismissal during this period, the individual in question must be provided with written justification.

Why is 8 month pregnancy critical?

In the 8th month of pregnancy, the baby’s weight gain is rapid, with a 230g gain per month. By week 33, the baby’s movements become smaller due to their size, and they may hiccough occasionally. Their heart rate is around 130 to 140 beats per minute. Babies born at 34 weeks or later have a good chance of survival even outside the uterine walls.

The baby has a pudgy figure with soft fingernails, and the previous thin skeletal structure has taken on a new shape with a fat layer underneath. The baby gains weight quickly, adding body fat that will help after. Most internal organs and systems are fully developed, and the lungs still need time to develop.

The baby may suck thumb, hiccough, or have distinct sleep and wakes. They respond to stimuli such as pain, light, and toenails. They also have soft body hair called lanugo and hair on their toenails.

The baby’s belly is large due to rapid growth, putting pressure on the abdomen and requiring frequent urination. The baby weighs about 1. 5 to 2. 25 kilos and is 14 inches in height. To support the baby, take rest, visit a parlor, take a massage, listen to your body, and avoid over-exertion.

Should I wait for redundancy or leave?

If you’ve been working for your employer for over two years, you might be better off waiting to be made redundant, as you’ll likely receive a redundancy payment. If you want to stay, your employer might offer you a new job. If you’re feeling poorly at work, resigning might seem like a good option. However, it’s a big step and it’s important to consider all your options. You could try a different way to solve the problem or find another job before resigning. If you decide to resign, follow these steps:

1. Check if there’s another way to solve the problem.
2. Consider whether you’d want to stay in your job if the problem was solved.
3. Ask your trade union to talk to your employer for you.

Can I be made redundant while on sick leave?

The question of whether an employee can be made redundant while on sick leave is frequently asked by employers and employees. It is possible to be made redundant while on sick leave, but claims of unfair dismissal could arise. Employers must show that any redundancy decision was made based on the business’s needs, such as a reduction in work or a necessary reorganization. If necessary, consultation with the employee and following the correct procedures should be carried out. To ensure fairness, it is essential to provide clear explanations and follow the correct procedures when handling a redundancy situation with a sick leave employee.

What happens if I am made redundant whilst on maternity leave?

In the event of dismissal during pregnancy or on maternity leave, the possibility of filing a claim for unfair dismissal, automatic unfair dismissal, and/or pregnancy/maternity discrimination exists, contingent upon the absence of a genuine redundancy situation and the existence of a vacancy.

Is unfair dismissal due to pregnancy?

Section 187(e) of the Labour Relations Act states that dismissal is unfair if the reason is related to an employee’s pregnancy, intended pregnancy, or any pregnancy-related reason. However, the protection of pregnant employees is broad, and employers may legitimately make them redundant if they discover that their functions can be absorbed by others at a significant saving. Understanding the underlying principles of the legislation can help in handling such situations.

Who gets made redundant first?

Your employer should use a fair and objective way of selecting you for redundancy.

• Last in, first out (employees with the shortest length of service are selected first)
• asking for volunteers (self-selection)
• disciplinary records
• staff appraisal markings, skills, qualifications and experience

Your employer can make you redundant without having to follow a selection process if your job no longer exists, for example if:

• Your employer is closing down a whole operation in a company and making all the employees working in it redundant
• you’re the only employee in your part of the organisation

What are the most critical weeks of pregnancy?

The chart outlines the most common birth defects that can occur during each week, with major defects occurring between 3 to 12 embryonic/fetal weeks, or 5 to 14 gestational weeks. Minor and functional defects, including those affecting the brain, can also occur later in pregnancy. The greatest risk from harmful exposures during very early pregnancy is miscarriage. The first two weeks of embryo development are crucial for a fertilized egg to divide and attach to the uterus.

The first four weeks after the first day of the last period are called the “all or none period”, where high exposures can damage all embryo cells, leading to problems with uterine attachment and severe cell damage. Miscarriages can occur before a person even realizes they are pregnant.

What is a sham redundancy?

A sham redundancy is a dismissal that an employer uses to reduce legal liability for unfair dismissal claims. To be considered a genuine redundancy, the employer must demonstrate that the position is no longer needed due to changes in operational requirements, such as a restructuring or staff reduction. If the role is quickly replaced after the redundancy, it may indicate a sham redundancy.