Can you be made redundant during pregnancy?
A genuine redundancy can occur during pregnancy or maternity leave. But an employer must not select you because of pregnancy, pregnancy-related illness, maternity leave, an assumption that you will not return, or concerns about childcare.
And during a protected period, eligible employees have priority for suitable alternative vacancies — a right stronger than anything available to their colleagues.
The protected period
Protection begins when you notify your employer of your pregnancy, continues through maternity leave, and extends after your return. The extended protection runs for a period following the birth, and equivalent protection applies after adoption leave and after qualifying periods of shared parental leave.
The precise start and end dates depend on the statutory rules and on your specific dates. Have them checked rather than assumed — the boundary decides whether you have priority or merely equal treatment.
The priority right
Where a redundancy situation arises during the protected period and a suitable alternative vacancy exists anywhere in the employer’s organisation or associated employers, the employer must offer it to you in preference to other at-risk colleagues. You should not be required to compete or interview against employees who do not have equivalent statutory priority.
Failure to offer a suitable existing vacancy renders the dismissal automatically unfair and will usually also be unlawful discrimination.
Suitability depends on duties, pay, status, workplace, hours, responsibility and personal circumstances.
Selection criteria
An employer must not:
- count pregnancy-related sickness absence against you
- score maternity absence negatively
- assume reduced commitment or availability
- reduce your score because information was unavailable during your leave
- exclude you from consultation
- deny you access to vacancy systems
- select you because of pregnancy or maternity
Where an assessment period includes maternity leave, the employer must use a fair alternative method — historical appraisal data, or an average score — rather than assigning a low mark for absence.
Consultation during leave
The employer must ensure you can participate meaningfully:
- remote meetings
- meeting times that work around your circumstances
- documents supplied electronically
- active access to the vacancy list
- sufficient time to respond
- regular updates
The employer should ask how you wish to be consulted rather than making assumptions, and should not treat being on leave as a reason to communicate less.
Written reasons: an automatic right
If you are dismissed while pregnant or during statutory maternity or adoption leave, your employer must provide written reasons for dismissal automatically, without any request from you, and regardless of your length of service. This is a day-one right and is widely overlooked.
Possible claims
- pregnancy or maternity discrimination
- automatically unfair dismissal
- ordinary unfair dismissal
- failure to offer a suitable alternative vacancy
- unlawful deduction from wages
- breach of contract
Pregnancy and maternity discrimination claims require no qualifying service and carry uncapped compensation including injury to feelings.