Redundancy While Pregnant or on Maternity Leave

Your special protections

If you're pregnant or on maternity leave (including adoption leave), you have enhanced protection under the Equality Act 2010. Redundancy in these circumstances requires your employer to follow stricter rules.

When is it automatically unfair?

It's automatically unfair dismissal if you're selected for redundancy because of:

• Your pregnancy
• Being on maternity, adoption, or shared parental leave
• Taking time off for antenatal appointments
• Exercising your right to return to work after maternity leave

You don't need any length of service to claim automatically unfair dismissal for these reasons.

Your right to a suitable alternative role

This is the key protection. If you're at risk of redundancy while pregnant or on maternity leave, your employer must:

Offer you suitable alternative work

• Before ending your employment
• Without requiring you to apply or compete for it
• Even if there are better-qualified candidates
• The role must start immediately after your current role ends

What counts as "suitable"?

The role should be:

• Appropriate for you and suitable to your circumstances
• On terms and conditions not substantially less favourable than your current role
• In a location that's reasonable for you to access

You can refuse an unsuitable alternative and still claim unfair dismissal.

What if there are no suitable alternatives?

Only if there genuinely are no suitable alternative roles can your employer make you redundant. They must prove they properly searched for alternatives across the whole business.

Redundancy during pregnancy

What your employer must do

• Tell you in writing the reasons for your redundancy
• Conduct a genuine redundancy process
• Apply objective selection criteria fairly
• Consult with you meaningfully
• Actively look for suitable alternative employment
• Offer any suitable alternatives without requiring you to compete

Pregnancy discrimination warning signs

• You announced your pregnancy shortly before being selected
• Colleagues doing similar work weren't selected
• You're the only pregnant person selected
• No genuine alternatives were offered despite vacancies existing
• Your maternity leave was mentioned during the process

Redundancy while on maternity leave

Additional protections

If redundancy happens during your maternity leave:

• You have priority over other employees for any suitable alternative vacancies
• Vacancies must be offered to you before being advertised or offered to others
• You can't be required to go through a competitive interview process

Timing of return

If offered alternative work:

• The new role must start when your maternity leave would have ended, or
• When your existing role ends (if earlier)

Trial periods

You're entitled to a 4-week trial period in any alternative role. During this time:

• Either you or your employer can end the arrangement
• If you decide it's not suitable, you can claim redundancy pay
• If your employer ends it without good reason, it may be unfair dismissal

Your redundancy pay entitlements

Statutory redundancy pay

Calculated in the normal way (see article on redundancy pay). Pregnancy and maternity leave don't affect your entitlement.

Accruing holiday

You continue to accrue statutory holiday during maternity leave. Your employer must pay for any untaken holiday when you leave.

Company benefits

Check your contract for enhanced redundancy pay or other benefits.

If you think it's unfair

Step 1: Get it in writing

Your employer must give you written reasons for dismissal if you're pregnant or have given birth within the last 2 years. If they don't, ask for them.

Step 2: Raise a grievance

Write to your employer explaining why you believe the redundancy is discriminatory. Request:

• Details of the redundancy selection process and criteria
• Information about who else was in the selection pool
• Evidence of the search for suitable alternative roles
• Details of any vacancies during the redundancy period

Step 3: Get legal advice

Pregnancy and maternity redundancy cases are complex. Get specialist advice:

Free advice sources

• Maternity Action - 0808 802 0029 (Monday 9am-5pm, Wed-Fri 9am-1pm)
  Email: advice@maternityaction.org.uk
• Pregnant Then Screwed - Legal advice service
  Website: pregnantthenscrewed.com
• ACAS - 0300 123 1100
• Citizens Advice - citizensadvice.org.uk

Step 4: ACAS Early Conciliation

Before making an Employment Tribunal claim, notify ACAS. They'll attempt to resolve the issue through Early Conciliation.

Step 5: Employment Tribunal

You can claim:

• Automatically unfair dismissal
• Pregnancy and maternity discrimination
• Failure to offer suitable alternative employment

Time limit: Claims must be started (via ACAS) within 3 months less 1 day of your dismissal.

Potential compensation

If you win, you could receive:

Unfair dismissal claim

• Basic award (similar to statutory redundancy pay)
• Compensatory award for loss of earnings (capped)

Discrimination claim

• Compensation for financial loss (uncapped)
• Injury to feelings award (£1,200 to £60,000+)
• Interest on awards

Discrimination awards are generally higher than unfair dismissal awards.

Important points to remember

• Keep all emails, letters, and documents related to your redundancy
• Note dates of conversations and what was said
• Act quickly - time limits are strict
• You don't need 2 years' service to claim
• Even if the redundancy is genuine, failing to offer suitable alternatives makes it unlawful

Know your worth

Pregnancy and maternity provide some of the strongest employment protections in UK law. If your employer has failed to follow the correct process or discriminated against you, don't be afraid to challenge it.

Specialist organisations like Maternity Action and Pregnant Then Screwed exist to support women in your position. Use their free services and don't let unfair treatment go unchallenged.