How to deal with pregnant employees and those on maternity leave in a redundancy situation

Author: Clare McNicholas

Brightmine editor: Susie Munro

Summary

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• When seeking to carry out redundancies be aware of the need to be particularly careful when dealing with pregnant employees and those on maternity leave.
• Ensure that any selection criteria are objective and non-discriminatory and that they are applied fairly.
• Include employees on maternity leave in the consultation exercise.
• Offer any suitable vacancies to pregnant employees and those on, or recently returned from, maternity leave.
• Base the calculation of statutory redundancy pay on the employee's normal pay.
• Understand the rules on notice pay during maternity leave.
• Consider if an employee will be entitled to receive statutory maternity pay, even if they are made redundant before it becomes payable.
• Provide a written statement of reasons for dismissal without waiting for a request for one.