Maternity: Redundancy

It is possible to dismiss an employee on grounds of redundancy during her pregnancy or maternity leave but, as with all redundancies, there must be a genuine redundancy situation, and you must follow a fair procedure and act fairly and reasonably. Take care to ensure that selection criteria are fair and non-discriminatory, and ensure that an employee who is pregnant or on maternity leave is given information and consulted with in the same way and at the same time as other employees, so far as practicable. If an employee on maternity leave is selected for redundancy, you must give her priority for any suitable alternative vacancies. If she is ultimately dismissed, you will need to continue paying statutory maternity pay (if she was entitled to this). She may be entitled to redundancy pay and, in some circumstances, full pay during her notice period.

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