Does preferential treatment in redundancy due to mat leave apply in this situation?

[TokenFemale]

My sister is due to finish her mat leave at the end of next week. She was informed on Friday that her department is restructuring and 15% of jobs will go. They are now entering into a 90 day consultation period.

She will be back at work for the majority of the consultation period, and when any final decision are made. But does she get the right to be offered a suitable role as she was on mat leave at the start of the consultation period? Or does this protection only apply if you are on mat leave throughout the entire consultation period?

I don't think she will get preferential treatment - but let's wait until an expert comes along.

Hi - I'm almost certain her ML rights go as soon as she returns - even if consultations have begun. Sorry.

She hasn't been given notice of redundancy whilst on ML, just the consultation period is taking place. Once she returns from ML, she has no additional rights so if she does get made redundant.

You are both confirming what I thought. Thanks.

What would the preferential treatment be if you are on maternity leave and are made redundant or your role is "at risk"

Lumie, if you are on maternity leave then you must be offered a suitable alternative role (if any are available) ahead of all colleagues.

Regulation 10 will not protect you in this situation. The key issue is when the woman is made redundant, if she is made redundant after her maternity leave has ended the special protection does not apply. Regulation 10 does not protect until she is given notice of redundancy, then the employer must offer a suitable alternative if there is one.

However, if an employer deliberately delayed making an employee redundant to avoid the special protection there might be worth a challenge but a long shot and by no means an easy argument to win.

Also if she is selected because she has been pregnant, has taken maternity leave, has a child, works part time etc... that will be direct sex discrimination.