Can You Be Made Redundant on Maternity or Paternity Leave?

Yes, it can happen, but the law gives you extra protection, and your employer faces tougher rules than for anyone else. Here is what applies and what to check.

The short answer

Redundant on maternity leave: what are your rights? You can be made redundant during pregnancy or maternity leave only if there is a genuine redundancy situation and the reason has nothing to do with the pregnancy or leave. Treating you worse because you are pregnant or on leave is unlawful discrimination, and a dismissal for that reason is automatically unfair.

Extra protection for pregnancy and family leave

Since 6 April 2024, redundancy protection has been extended. It now covers you from the point you tell your employer you are pregnant until 18 months after the birth, and also covers adoption leave and longer periods of shared parental leave. During that period:

  • You must be offered a suitable alternative vacancy if one exists, ahead of other employees at risk.
  • If your employer fails to do this, a resulting dismissal is likely to be unfair.
  • You should be included in consultation, and kept informed even while on leave.

What about paternity leave?

Taking paternity leave is protected: you cannot lawfully be dismissed or disadvantaged for taking it. But the priority-for-vacancies rule is aimed at maternity, adoption and longer shared parental leave. If you are an employee on paternity leave and your role is genuinely redundant, you are treated like other employees in the redundancy process, with a fair selection and consultation. Our paternity leave vs pay guide covers the leave itself, and statutory paternity pay rates covers the pay.

What you are still owed

Warning signs and next steps

Be cautious if you were not told about vacancies, your selection scoring looks inconsistent, or your duties were reassigned while you were away. In that case:

  1. Ask for the selection criteria, scoring and a list of current vacancies in writing.
  2. Raise a written objection or appeal.
  3. Contact Acas, as early conciliation is required before most tribunal claims, and the time limits are strict. Check the current deadline when you call.

This guide is general information, not legal advice. For a specific situation, speak to Acas, a union or an employment solicitor.

Sources & official guidance

Frequently asked questions

Can I be made redundant while pregnant or on maternity leave?
Yes, but only for a genuine redundancy reason, never because of the pregnancy or leave. Employers must follow a fair process and offer you any suitable alternative vacancy first.
What is a suitable alternative vacancy?
A role that is suitable for you and appropriate in the circumstances, on terms that are not substantially less favourable than your current job. If there is one, your employer must offer it to you before considering other staff.
Do I still get redundancy pay?
Yes, if you have 2 years' service. Statutory redundancy pay is calculated normally. Statutory maternity pay should continue for its full term, and you cannot lose maternity leave rights by being made redundant.
Is paternity leave protected in the same way?
Dismissal because you took, or planned to take, paternity leave is automatically unfair. The priority-for-vacancies rule is narrower and, at the time of writing, covers maternity, adoption and longer shared parental leave rather than ordinary paternity leave. Check GOV.UK for current rules.

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