Is It Possible To Fire Someone When They Are On Maternity Leave?

Employers can make an employee redundant during maternity leave or when pregnant, as long as it is a genuine redundancy situation and the reason for redundancy is unconnected with their pregnancy or maternity leave. The redundancy protected period for pregnant employees or those taking maternity leave has been extended from 6 April 2024. 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.

To make someone redundant during maternity leave, employers must ensure they follow a fair and lawful redundancy process. If an employee’s job is made redundant while on parental leave, the employer must give them the correct notice and pay out any entitlements. Contrary to popular belief, it is possible to be made redundant during maternity leave if there is a genuine redundancy situation and a fair procedure has been followed.

In summary, employers must ensure that they follow a fair and lawful redundancy process when making an employee redundant during maternity leave or when pregnant. If there is a genuine redundancy situation and the reason for redundancy is unconnected with the employee’s pregnancy or maternity leave, employers can make the employee redundant. However, strict rules must be followed before this can happen, and employers must ensure that the redundancy process is fair and lawful.

Can someone on maternity leave be made redundant?

Employees on maternity leave can be made redundant by their employer if there is a genuine redundancy situation and proper consultation is provided. However, if there is no genuine redundancy situation and the employee is made redundant due to maternity leave, it could be unlawful maternity discrimination. The Equality Commission offers guidance on managing redundancy for pregnant and maternity leave employees in their Pregnancy and Maternity at Work guide for employers. Employees can also find information on their entitlements on the redundancy section of NI Direct’s website.

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.

What is discrimination against pregnant employees?

The Pregnancy Discrimination Act of 1978, amended by the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and other terms or conditions. Statutory protections apply to all DOL employees and applicants for DOL employment.

Agencies cannot maintain a written or unwritten employment policy that excludes applicants or denies employees any terms, conditions, or privileges due to pregnancy, childbirth, or related medical conditions. Pregnant employees must be allowed to perform their job as long as they are capable of performing it.

Can you retrench a pregnant woman?

Employers can retrench a pregnant employee if they can prove genuine operational reasons and comply with procedural requirements under section 189 of the Labour Relations Act (LRA). Attitude and understanding of pregnant employees’ rights can impact unfair discrimination disputes. Section 187(e) of the LRA states that dismissal is automatically unfair if the reason for dismissal is related to the employee’s pregnancy, intended pregnancy, or any other pregnancy-related reason.

Why is the 8th month critical in pregnancy?

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.

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.

Can you make someone redundant with less than 2 years service?

Less than two years of service can result in limited rights under unfair dismissal laws, as employers can terminate employment without reasonable selection or fair consultation. However, it is best practice for employers to conduct fair selection and consultation for all employees, regardless of service length. Some protections include automatically unfair reasons, which prevent redundancy if the reason falls under one or more of these reasons.

Can you make someone redundant on sick leave?

It is possible to make a team member redundant if they are off sick, but it is important not to base the decision on their health, as this could lead to claims of unfair dismissal and discrimination. Employers must prove that the decision was genuine and based on a legitimate business case, either due to a significant reduction of work or the complete closure of the business. Consulting with a staff member during sick leave is difficult, but it is crucial to follow the correct redundancy procedure and ensure they receive equal treatment.

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.

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.

What is the 28 day rule pregnancy?

Examinations involving low doses of radiation, such as abdominal and pelvic X-rays, barium meals/swallows, and complex procedures, may be conducted if the patient’s menstrual period has not yet commenced or if it has commenced within 28 days of the previous menstrual period.