Redundancy During Pregnancy or Maternity Leave: Know Your Rights

Can You Be Made Redundant While Pregnant or on Maternity Leave?

Being told about redundancy during pregnancy or maternity leave is every working mother's nightmare. While redundancy can happen during this period (it's not completely prohibited), you have significantly stronger protections than other employees. Understanding these rights is crucial.

Your Enhanced Redundancy Protections

From April 2024, the UK government strengthened protections for pregnant workers and those on maternity leave. The key protection is priority for suitable alternative vacancies.

When Does the Protection Apply?

You have enhanced protection:

•From the moment you inform your employer you're pregnant

•Throughout your entire maternity leave (up to 52 weeks)

•For 18 months after the expected week of childbirth

What Does "Priority" Mean?

If your role is made redundant and there is a suitable alternative vacancy, your employer must offer it to you before considering other employees. This isn't just a preference — it's a legal requirement.

A suitable alternative vacancy is one that:

•Is appropriate for you to do

•Has terms and conditions no less favourable than your current role

•Starts immediately after your current role ends

When Redundancy Is Unlawful

Redundancy is automatically unfair dismissal if:

•The real reason for the redundancy is your pregnancy or maternity leave

•You were selected for redundancy because of your pregnancy

•Your employer failed to offer you a suitable alternative vacancy that exists

•The redundancy selection criteria indirectly discriminate against you (e.g., using attendance records that include pregnancy-related absences)

Your Rights During the Redundancy Process

Consultation

Your employer must:

•Follow a fair consultation process

•Explain why your role is at risk

•Consider alternatives to redundancy

•Give you adequate time to respond

•Not use pregnancy-related factors in selection criteria

During Pregnancy

•You must be considered for all suitable alternative roles first

•Pregnancy-related absences must not count against you

•Your employer must not pressure you to accept less favourable terms

During Maternity Leave

•The same priority for alternative vacancies applies

•You should be kept informed of developments

•You can attend consultation meetings (these can count as KIT days)

Redundancy Pay and Maternity

If you are genuinely made redundant, you're entitled to:

•Statutory Redundancy Pay — based on your length of service, age, and weekly pay

•Notice pay — or pay in lieu of notice

•Outstanding SMP — if you're still within the 39-week paid period, your SMP continues even after redundancy

•Accrued annual leave — payment for any unused holiday

SMP After Redundancy

This is a crucial point: if you're made redundant during maternity leave, your employer must still pay your remaining SMP. If they can't (for example, if the company is insolvent), HMRC will pay it directly.

What to Do If You're Facing Redundancy

1.Don't panic — your protections are strong

2.Get everything in writing — request written confirmation of the redundancy reason and process

3.Check for suitable alternatives — ask your employer what other roles are available

4.Contact ACAS — call 0300 123 1100 for free advice

5.Speak to your union — if you're a member, they can represent you

6.Take legal advice — many employment solicitors offer free initial consultations

7.Keep records — save all emails, letters, and notes of conversations

8.Know the time limits — you have 3 months less a day from the dismissal date to bring an Employment Tribunal claim

Maternity Pay If You're Made Redundant

Your SMP or Maternity Allowance entitlement continues even if you're made redundant:

•SMP: Your employer must continue paying for the full 39-week entitlement

•MA: Not affected by redundancy as it's paid by the DWP

•Child Benefit: Completely unaffected

Use our Maternity Pay Calculator to check your ongoing entitlement.

Constructive Dismissal

If your employer makes your working conditions so intolerable that you feel forced to resign because of your pregnancy, this may be constructive dismissal — which can be treated as automatically unfair dismissal. Examples include:

•Removing responsibilities or demoting you

•Excluding you from meetings or decisions

•Creating a hostile work environment

•Refusing to make reasonable adjustments for your pregnancy

Getting Support

If you're facing redundancy while pregnant or on maternity leave, don't try to navigate it alone. Several organisations offer free, confidential support:

•ACAS: 0300 123 1100 — free, impartial advice on your rights and the redundancy process. They can also provide early conciliation if you need to make a tribunal claim

•Citizens Advice: citizensadvice.org.uk — free legal guidance including help with understanding your redundancy package and next steps

•Maternity Action: maternityaction.org.uk — a specialist maternity rights charity with a free advice line (0808 802 0029) staffed by experts in pregnancy and maternity discrimination

•Your trade union: If you're a member, your union can represent you in consultations, negotiate on your behalf, and support you through a tribunal claim if needed

•Employment solicitor: Many offer a free initial consultation and work on a no-win, no-fee basis for pregnancy discrimination and unfair dismissal claims

Act quickly — the time limit for bringing an Employment Tribunal claim is 3 months less one day from the date of dismissal. Contact ACAS for early conciliation as soon as possible if you believe the redundancy is unfair.

Related Guides

•Your maternity leave rights

•Pregnancy rights at work

•Financial planning for maternity

•Maternity Allowance guide