Employers must ensure a fair and lawful dismissal process for employees on maternity leave or pregnant by redundancy. Consult employees at risk about proposed redundancies, giving as much warning as possible. The redundancy protected period for pregnant employees or those taking maternity leave has been extended from 6 April 2024. Voluntary redundancy while on maternity leave still pays statutory redundancy pay. However, if an employee ends their maternity leave due to voluntary reasons, they have the right to take parental bereavement leave and pay after finishing their maternity leave.
Pregnant employees and some new parents have special protection in a redundancy situation. By law, employers must offer them a genuine redundancy situation and not be selected for it. 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.
Voluntary redundancy allows employees on maternity leave to offer to take voluntary redundancy, saving employers time and effort. However, strict rules must be followed before this can happen. Contrary to popular belief, an employee can be made redundant when they are on maternity leave if there is a genuine redundancy situation. A woman made redundant while on maternity leave must be offered any suitable alternative vacancy, and if their role was made redundant while they were on maternity leave, they must be given first option on any suitable alternative work that is available.
📹 Can you be made redundant if you are pregnant or on maternity leave?
Esther Marshall, Member and specialist in Employment law explains if you can be made redundant if you are pregnant or on …
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 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.
Can you take voluntary redundancy whilst on maternity leave?
Your terms and conditions are continuous during maternity leave, allowing you to count this leave for redundancy pay purposes even if you were not in work. Some organizations may invite employees to apply for voluntary redundancies, but employers do not have to accept these requests. Legal rights will not differ from those selected for compulsory redundancy. Employees are entitled to a paid notice period if they have been in their job for at least one month, depending on their contract of employment.
If no notice is mentioned, you will be entitled to the statutory notice, which is one week’s paid notice after one month’s service and a week’s notice for each year worked for two years, up to a maximum of 12 weeks. The statutory rate is capped at £700 per week for 2024-2025.
When can you start maternity leave?
Maternity leave may commence on any day from 11 weeks prior to the estimated date of delivery, except in instances where the employee is absent from work due to a pregnancy-related illness, in which case the leave may begin four weeks prior to the estimated date of delivery, commencing on an earlier date than the chosen commencement date.
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:
- Check if there’s another way to solve the problem.
- Consider whether you’d want to stay in your job if the problem was solved.
- Ask your trade union to talk to your employer for you.
What are the 5 stages of redundancy?
The redundancy process involves five main stages: Preparation, Selection, Individual Consultation, Notice of Redundancy and Appeals, and Termination Process. In today’s economic climate, businesses may need to reduce operating costs, and redundancy is often the only way to do so. However, managing redundancy correctly is essential to avoid legal issues and avoid Tribunal claims. The process is a legal minefield for employers, with recent case law and legislation adding to its complexity.
To keep costs to a minimum and avoid Tribunal claims, it is crucial to follow the correct procedures and adopt the correct process when managing each redundancy scenario. By following these steps, businesses can minimize costs and avoid potential Tribunal claims.
What happens if my contract ends during maternity leave?
If your contract is due to end while you’re on maternity leave, your employer doesn’t have to renew it. It’s against the law to not renew it due to sex, pregnancy, or maternity reasons. You can request a written explanation from your employer or raise a grievance if you find it unfair. If your baby is stillborn after 24 weeks of pregnancy or lives for a short time after birth, you still receive maternity leave and pay.
What is the most vulnerable period of pregnancy?
The fetus is most susceptible to external influences during the initial 12-week period, during which it undergoes significant organogenesis and the formation of essential body systems. Such exposure can result in damage to these systems, whether caused by drugs, infectious agents, radiation, certain medications, tobacco, or toxic substances. Despite the full formation of the organs and body systems by the end of the 12-week gestational period, the fetus is not yet capable of surviving independently.
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.
Can I resign while on maternity leave?
Maternity leave employees cannot give notice of termination during this period, as it allows them to recover from childbirth and care for their newborn. After the leave, normal rules for notice periods and termination apply. Both parties can initiate the termination process under usual employment laws and regulations. It is advisable for both parties to consult their employment contract, labor laws, and relevant policies or agreements to ensure the termination process is conducted in accordance with the law and provided terms.
What are signs you should stop working while pregnant?
Pregnant women may experience signs of needing to stop working, such as high blood pressure, cervical insufficiency, or intrauterine growth restriction. Other factors include a baby’s growth issues, preeclampsia risk, and a history of stillbirth, preterm birth, or late miscarriage. When preparing for maternity leave, factors such as medical needs, financial situation, and personal preferences can influence the decision.
📹 Can you be made redundant when pregnant or on maternity leave?
Hey guys, welcome back to my channel! In this video I go into detail with you about redundancy when pregnant⠀ This is …
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