Q&A

Can you take voluntary redundancy whilst on maternity leave?

Can you take voluntary redundancy whilst on maternity leave?

Taking voluntary redundancy whilst on maternity leave is an option that employees on maternity leave may wish to choose. If you make an employee redundant before going on maternity leave, you will need to pay the statutory maternity pay.

What am I entitled to if I am pregnant and unemployed?

Income Support If you don’t qualify for Maternity Allowance or Statutory Maternity Pay, are unemployed and can’t look for work, or on a low income, you might be able to claim Universal Credit while you’re pregnant.

Who pays maternity pay if made redundant?

If your employer deliberately selects you for redundancy in order to avoid paying you SMP and you would have qualified if they had not done this, your employer automatically becomes liable to pay it. You must apply to your local HM Revenue and Customs office within six months of the first day on which your SMP was due.

How does maternity leave affect redundancy?

You can’t be made redundant because you’re pregnant or on maternity leave. If you are on maternity or parental leave, and there is a genuine reason to make your role redundant, your employer must offer you suitable alternative work if they have it. They should give you this as a priority over other employees.

Is it illegal to discriminate against pregnant women on redundancy?

Pregnancy and maternity discrimination is illegal, and those on maternity leave have special protection in a redundancy situation. These reforms will for the first-time extend that redundancy protection for 6 months from the date of a mother’s return to work as well as covering those taking adoption or shared parental leave.

When is redundancy during pregnancy, maternity and parental leave?

The legal wording of Regulation 10, Maternity and Parental Leave etc Regulations 1999 10 (1) This regulation applies where, during an employee’s ordinary or additional maternity leave period, it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment.

When is a pregnant woman protected from discrimination?

During this ‘protected period’ a woman is protected against discrimination that arises as a result of: The ‘protected period’ currently runs from the start of a person’s pregnancy until: she returns to work from ordinary or additional maternity leave (if she is entitled to either form of leave), or

What to do if you are not entitled to maternity allowance?

If you do not meet the qualifying conditions for SMP you may be able to claim Maternity Allowance from your local Jobcentre Plus. In order to apply for Maternity Allowance you will need to ask your employer to give you form SMP1 which explains why you were not entitled to SMP.

Can a pregnant employee be selected for redundancy?

Singling out pregnant employees or new mothers for redundancy. Pregnant employees or new mothers are not exempt from being selected for redundancy in a genuine redundancy situation. However, unscrupulous employers sometimes use a sham redundancy as an excuse to dismiss an employee who is pregnant or on maternity leave.

Is there a 12 month exemption for mothers?

“While there is no strict medical requirement to extend, a 12-month exemption period alleviates the added stress and potential for premature over-exertion and injury risk for postpartum Marines,” he added.

What are the rights of a pregnant employee?

Pregnant employees have rights under employment law. This includes the right to paid time off for antenatal appointments, the right to maternity leave and pay, and the right to protection against discrimination.

Can a pregnant employee be dismissed on maternity leave?

You should always take into account the impact that pregnancy can have on employees when assessing their performance whilst pregnant. If you dismiss a pregnant employee or an employee on maternity leave, you must provide her with a written statement that clearly explains the reasons for the dismissal. Free guide to Maternity Leave and Pay