Can I be made redundant while on maternity leave?

Employees on maternity leave (and shared parental leave or adoption leave) cannot be selected for redundancy because they are on maternity leave, or because of their pregnancy or maternity. Doing so is automatically unfair dismissal and sex discrimination — claims with no qualifying period and, for discrimination, uncapped compensation.

Where a genuine redundancy situation exists and your role is affected, you have a special statutory right under the Maternity and Parental Leave etc. Regulations 1999: you must be offered any suitable alternative vacancy (if one exists) before it is offered to other employees at risk of redundancy. This priority right applies from the day you start maternity leave until the day you return. Your employer must actively look for suitable vacancies — they cannot simply invite you to apply alongside other redundant employees.

If there is no suitable alternative role and the redundancy is genuine, the dismissal can proceed even during maternity leave. You will still be entitled to statutory redundancy pay (provided you have 2+ years' service), notice pay (which continues to accrue even during unpaid maternity leave), and any enhanced maternity pay owed under your contract. The dismissal letter and P45 must be issued in the usual way.