By CountTo10 on Thursday, 19 October, 2006 10:03:14 PM
I would strongly advise you to get some good legal advice on this because as far as I understand it and somerset mum's details seem to underline this, it is virtually impossible to make someone on maternity leave redundant without a very very good and watertight reason!! What you need to make sure is that you are fully aware of your rights and the possibilities (i.e. tribunal, pay offs etc) before you go in with your company to consult with them on it so you are not bullied into anything or made to feel insecure about any of it. I hope it all works out - what a horrible time for this to happen (hmmm not that any time is a good one!!!)
By somersetmum on Thursday, 19 October, 2006 9:56:42 PM
Automatically unfair dismissal arising from redundancy during maternity leave
An employee will have a claim for automatically unfair dismissal under the ERA s.99 if she is selected for redundancy where the only or principal reason for her dismissal is a reason related to her pregnancy, the birth of her child or the fact that she is taking maternity leave.
If an employee on maternity leave is to be made redundant (for whatever reason) and there is a suitable available vacancy, the employer must offer it first to the woman on maternity leave. This is a rare case where legislation requires a form of positive discrimination. If an employer does not comply with regulation 10 of the Maternity and Parental Leave Regulations 1999 (MPLR) an employee will have a claim for automatically unfair dismissal under the ERA s 99. (See ).
Regulation 10 of the MPLR 1999 states:
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.
Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract).
The new contract of employment must be such that -
a the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and
b its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.
ERA = Employment Rights Act
TM - these were on your other thread