This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A detailed guide on redundancy during pregnancy or maternity leave in England and Wales, explaining employee protections, fair selection criteria, consultation duties, redeployment rights, tribunal claims, and remedies for unfair dismissal or discrimination.
In England and Wales, employees on pregnancy or maternity leave are afforded specific legal protections when an employer undertakes redundancy. While redundancy is a legitimate reason for dismissal under the Employment Rights Act 1996, dismissing an employee because of pregnancy or maternity leave can constitute unlawful discrimination under the Equality Act 2010. Employers must follow fair procedures and ensure that redundancies are genuine and not influenced by the employee's pregnancy or maternity status.
Legal Protections
Employees are protected under multiple legal frameworks:
- Employment Rights Act 1996 – establishes redundancy rights and notice periods;
- Equality Act 2010 – prohibits discrimination based on pregnancy and maternity;
- Maternity and Parental Leave Regulations – provide rights to maternity leave, pay, and return to work;
- Acas Code of Practice on Redundancy – offers guidance on fair redundancy procedures, including maternity considerations.
These protections apply during pregnancy, ordinary maternity leave, and additional maternity leave.
Redundancy Rights During Pregnancy and Maternity Leave
Even if an employee is on maternity leave, they are entitled to:
- Redundancy pay if they meet the service criteria;
- Notice periods in line with statutory or contractual entitlements;
- Consultation about redundancy proposals and alternatives;
- Redeployment opportunities – suitable alternative roles must be offered before dismissal.
Key Principles
- Redundancy must be genuine – the role must no longer be required.
- Selection criteria must be fair – employees cannot be selected due to pregnancy, maternity leave, or related absence.
- Alternative roles must be considered – employers have a duty to offer any suitable alternative positions.
- Documentation is essential – records of selection decisions, consultation, and redeployment offers help defend against claims.
Consultation Requirements
Employers must conduct a meaningful consultation with employees, including:
- Informing employees of the redundancy situation;
- Discussing selection criteria and reasons for the redundancy;
- Considering any suggestions from the employee;
- Exploring redeployment options and any adjustments needed due to pregnancy.
Failure to consult appropriately may lead to claims for unfair dismissal or protective awards in collective redundancies.
Risks of Unlawful Redundancy
Redundancy during pregnancy or maternity leave carries heightened legal risks, including:
- Automatic unfair dismissal – dismissals connected to pregnancy or maternity leave are automatically unfair, regardless of service length;
- Discrimination claims – selecting an employee because they are pregnant or on maternity leave breaches the Equality Act 2010;
- Compensation and tribunal awards – employees may seek financial remedies, including injury to feelings, loss of earnings, and protective awards in collective redundancy cases.
Practical Guidance for Employers
Employers can reduce risk by:
- Reviewing redundancy criteria for neutrality regarding pregnancy or maternity;
- Documenting all decisions and consultation outcomes;
- Offering any available suitable alternative roles to the employee;
- Ensuring fair and consistent application of selection criteria across all employees;
- Maintaining open and transparent communication throughout the process.
Employee Rights and Remedies
Employees on maternity leave should:
- Participate in consultation and discuss alternative roles;
- Challenge decisions if they believe redundancy is connected to pregnancy or maternity leave;
- Seek employment tribunal claims for unfair dismissal or discrimination;
- Be aware of statutory redundancy pay and notice entitlements.
Early advice from a solicitor or trade union representative can strengthen a claim.
Key Takeaways
Redundancy during pregnancy or maternity leave must be handled with care. Employers must ensure that redundancies are genuine, selection criteria are fair and neutral, and consultation is conducted properly. Employees have strong protections under the Employment Rights Act 1996 and the Equality Act 2010, including rights to redundancy pay, redeployment, and remedies for unfair dismissal or discrimination. Adhering to legal requirements ensures that redundancy processes are lawful and defensible, while safeguarding employee rights.
