Maternity protection from redundancy - any caveats?

[Cindy1802]

I am currently 7 months in to maternity leave and got a call today that we have lost a big customer, and therefore a lot of the team are being made redundant. My role which is currently 1 of 2, is being reduced to 1 - meaning its either me or my colleague who will be made redundant. We both have the opportunity to take voluntary, but assuming neither of us do, can they even make me redundant? I understand I am very protected, but how does it work?! Surely there must be caveats to this law, as otherwise my colleague who has done nothing wrong is going to be unfairly treated if she gets made redundant, simply because I cannot? I feel like I must be missing something here!

Surely there must be caveats to this law, as otherwise my colleague who has done nothing wrong is going to be unfairly treated if she gets made redundant, simply because I cannot?

No caveats in that scenario. Pregnancy gives you a trump card. Protecting you means your colleague gets screwed over. That's the price of your protections.

They have to offer you a suitable alternative vacancy in priority to anyone else, even if other colleagues also have a protected characteristic like being disabled.

Strictly speaking yes you can made me redundant while on maternity leave. Reason for redundancy clearly can't be the maternity leave as that would be automatically unfair and any selection process needs to be fair - as in considering your performance prior to your maternity leave commencing and how that was tracking. However if you were selected for redundancy you are entitled to be offered a suitable alternative vacancy (if there was one) ahead of any other candidates which you may hear referred to as Regulation 10.

@Pootle40 so if she fairly got the role based on our past individual performance/assessment criteria, what if there was no suitable alternative roles available in the business for me to be offered? There isn't...

Unfortunately in that scenario - unless you applied and got any other job then your role and you would be redundant

I would contact Maternity Action for individual advice. Pregnant then Screwed can also be helpful.

So I can legally be made redundant? That is kind of what I assumed but everyone is telling me I cannot be made redundant while on maternity and I don't really understand why I can't be.

Yes, you can be made redundant while in maternity leave. It is more difficult (due to special protection) but not impossible.

More info here: www.acas.org.uk/redundancy-protection-for-pregnancy-and-new-parents

@Cindy1802 i'm just wondering what the outcome was? I'm in a similar situation myself now. I am not on maternity leave but have returned only a few weeks ago and the pool has not gone in my favour but I should be covered under the new protection which covers you for after 18months from birth?

@Melissa1983 sorry to hear this. Under regulation 10 in this scenario, your employer is obligated to offer you a suitable alternative vacancy, if there is one. In simple terms a role broadly similar in content, skills, terms and conditions - your own knowledge and experience should be taken into account. The key point being 'if there is one'. So it doesn't prevent the redundancy happening and whether a role is found may be influenced by the size and scale of your organisation and how many roles come up between now and your exit date.