What To Do If You’re Made Redundant While on Maternity Leave

Under UK law, redundancy during maternity leave is permitted only if it’s a genuine redundancy situation and a fair process is followed. Employers must not choose you just because you’re on maternity leave. Doing so is automatically unfair and discriminatory.

Since April 2024, protection starts when you tell your employer you’re pregnant and lasts up to 18 months after birth, covering maternity, adoption, shared parental, or even neonatal care leaves. If redundancy happens in this period, these additional rights apply.

• They must consult with you fully, even if you’re off-site or on leave.
  
• Any selection criteria must be objective and pregnancy-neutral (e.g. pregnancy-related sickness can’t count against you.
  
• If they skip consultations or use biased scores, you could claim maternity discrimination.

What the law says – Pregnancy and maternity discrimination

If a suitable alternative role is available, you must be offered it first, even over other employees. You don’t need to apply for it – you should simply be offered the role, without having to interview.

You’re entitled to decline if the alternative job isn’t appropriate in terms of location, hours or pay, such as if it creates childcare/logistical issues. However, if you refuse a genuinely suitable alternative without good reason, your employer may lawfully withhold redundancy pay.

You’re entitled to:

You can use up to 10 KIT days during maternity leave to attend redundancy consultations without ending your leave or pay.

If you suspect:

• Your redundancy wasn’t genuine,
• You weren’t consulted,
• Bias was involved, or
• No suitable alternative was offered – you can lodge a grievance or bring a claim for:

  ◦ Unfair dismissal (if you have 2+ years’ service), or
  ◦ Automatic unfair dismissal and maternity discrimination

• Appeal internally first

  Ask for the full redundancy logic, selection evidence, and whether alternative roles were assessed.

• Grab legal guidance from ACAS or an employment solicitor

  The ACAS helpline is a good start.

• File a tribunal claim

  Remember, for discrimination claims you commonly have 3 months minus 1 day from the dismissal date.

What to do:

1️⃣ Check if redundancy is genuine and consult process is fair

2️⃣ Confirm you’re in the protected period (pregnancy → 18 months post-birth)

3️⃣ Participate via KIT days – confirm process equity

4️⃣ See if you’re offered suitable alternative employment

5️⃣ Accept it if it meets your needs, or risk losing redundancy pay

6️⃣ Claim SMP, redundancy, notice, holiday pay

7️⃣ Appeal internally or escalate via ACAS or a solicitor

8️⃣ Consider employment tribunal within the time limits