workingmums.co.uk guide to pregnancy/maternity redundancy rights

Many women are threatened with redundancy after they announce their pregnancy or while they are on maternity leave.

If you are made redundant while you are pregnant or on maternity leave you will still be entitled to Statutory Maternity Pay as long as this occurs after the 26th week of your pregnancy. SMP may be paid to you in a lump sum on your last day of employment. If you find a job during the nine months that SMP covers your maternity pay will stop the week you start a new job.

Consultation

Just like any other employee, you are entitled to be consulted with regard to redundancy or restructure while you are on maternity leave and the process must be fair and transparent.

If you are made redundant during maternity leave you are also entitled to be offered a suitable alternative vacancy if there is one. As a person on maternity leave you are entitled to priority over any suitable vacancies. A suitable vacancy is a role on similar terms and conditions.

If you can prove that your company has dismissed you because of your pregnancy, childbirth or maternity leave you may have a claim for automatic unfair dismissal if you have worked at the employer for over two years and for direct or indirect discrimination and you should seek further legal advice.

Redundancy pay

If you have worked for your employer for two years or more you will be entitled to statutory redundancy pay.

If you have worked for your employer for at least a month you will be entitled to a paid statutory notice period. If you’ve worked there for more than a month but less than two years, you have to be given a week’s notice. If you have worked there for over two years, you will get a week for each full year you have worked, up to a maximum of 12 weeks. You may be entitled to a longer notice period as part of your employment contract so check what it says.

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