Redundancy when you are pregnant or on maternity leave

If you are pregnant or on maternity leave and are being threatened with redundancy, find out what your rights are.

If you decide to resign or are made redundant when you are pregnant you will still be entitled to SMP as long as you hand your notice in after the 26th week of your pregnancy. It 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

You are entitled to be consulted with regard to redundancy 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 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’ve 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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