Can they make me re-apply for a position whilst I am on maternity leave? Ask the expert

Whilst you are on maternity leave and in terms of redundancy, you are protected to a degree. Regulation 10 of the Maternity and Parental Leave Regulations states that you are of protected status from redundancy whilst you are on maternity leave and where redundancy of your old position cannot be avoided, your employer is under a duty to find you suitable alternative employment. This is to provide you with the protection of returning to your same or similar job at the end of your maternity leave. It is questionable as to whether your employer can insist upon you attending an interview as effectively regulation 10 should “ring fence” one of the available jobs for you in the event that it is regarded as suitable alternative employment. If you refuse to attend such an interview and you are dismissed because of redundancy, you may have a case of unfair dismissal against your employer under the regulations”.

Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.

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• Redundancy Maternity leave