Can You Be Made Redundant on Maternity Leave UK?

Redundancy on maternity leave is legal only if it's genuine. Learn your rights, protections, and what employers must do in redundancy situations.

Being on maternity leave does not stop redundancy from being possible, but the law provides strong protection against unfair treatment. If your employer is planning redundancies while you’re on maternity leave, they must follow strict rules to ensure your dismissal is genuine, fair and not related to your pregnancy or leave.

This guide outlines your legal rights, what a genuine redundancy looks like, what to do if you suspect discrimination, and how the process should work if you are at risk of redundancy while on or approaching maternity leave.

What Is Redundancy?

Redundancy occurs when an employer needs to reduce their workforce. It must be due to genuine business reasons, such as:

  • Closure of the business or department

  • A reduction in the type of work needed

  • Reorganisation or relocation of roles

Redundancy cannot be used as a cover for dismissing someone for personal reasons, including pregnancy or maternity leave. Doing so may amount to automatic unfair dismissal and discrimination under the Equality Act 2010.

What Are My Rights During Pregnancy or Maternity Leave?

You’re legally protected from unfair treatment or dismissal because of:

  • Pregnancy

  • Maternity leave (ordinary and additional)

  • Maternity-related sickness

You are entitled to be fully included in redundancy consultations and offered priority access to suitable alternative work if it exists.

Can My Employer Make Me Redundant While on Maternity Leave?

Yes – but only if the redundancy is genuine and unrelated to your maternity leave. Your employer must:

  • Prove that the job is no longer needed

  • Follow a fair consultation process

  • Avoid discriminatory selection criteria

  • Show they considered you for any suitable alternative role ahead of others

You must not be disadvantaged because you are on leave, and you are legally entitled to be offered any suitable alternative vacancy before others are considered, even if they are more qualified.

What Is the Redundancy Protection Period?

The protection period starts when you tell your employer you're pregnant and lasts until the end of your maternity leave. During this time:

  • You have the right to return to the same job

  • You have priority for suitable alternative roles in redundancy

  • Dismissal for maternity-related reasons is automatically unfair and discriminatory

The government has proposed extending this protection for 18 months from the start of maternity leave, but as of now, the protection ends when leave ends.

I Think I’m Being Made Redundant Because of Maternity Leave. What Can I Do?

If you believe your redundancy is connected to your pregnancy or maternity:

  1. Ask your employer for a written explanation of the reason for redundancy

  2. Request to see the selection criteria used

  3. Raise a grievance if the process feels unfair or unclear

  4. Contact ACAS for early conciliation

  5. Consider a claim to an employment tribunal (you have 3 months minus 1 day from the dismissal date)

Keep all records and communication as evidence.

Must My Employer Consult Me If I’m on Maternity Leave?

Yes. You must be included in all consultation processes, even if you’re on leave. This can be done via phone, email or in-person, depending on what works best.

You don’t have to come into work, but you must be given the opportunity to engage in the process. If your employer fails to consult you, it could be classed as unfair dismissal.

Can I Be Selected for Redundancy for Not Meeting Targets While on Leave?

No. Employers must not use criteria that disadvantage you for being on leave. If you are assessed based on performance during a period you weren’t working, this is likely to be discriminatory.

Selection must be based on fair, objective and current criteria that do not penalise absence due to maternity.

Can I Challenge the Redundancy Selection Criteria?

Yes. If the selection criteria are unclear, unfair, or appear to disadvantage you due to your leave, you can raise concerns informally or through a formal grievance.

Criteria that indirectly discriminate against women or new parents could result in a successful employment tribunal claim.

Must My Employer Offer Me a Suitable Alternative Job?

Yes. If a suitable role exists elsewhere in the business, you must be offered it before other employees, even if they are more qualified. This includes permanent or temporary roles at the same or similar level and pay.

Failure to offer such a role is likely to make the dismissal automatically unfair.

Do I Have to Apply for Jobs I Think Are Suitable Alternatives?

No. You should not have to apply or compete for a suitable alternative job – your employer must offer it to you directly. If you turn it down, you may lose your redundancy pay, but only if the offer was truly suitable.

Are My Rights Different If I’m Made Redundant Before or During Maternity Leave?

If you're made redundant before maternity leave, you're protected from being treated unfairly due to pregnancy. The closer to the start of your leave, the more scrutiny is required.

If redundancy happens during maternity leave, you have enhanced protections, including priority access to alternative roles and full consultation rights.

What Counts as Suitable Alternative Work?

A suitable job must be:

  • At the same or similar level and responsibility

  • Within a reasonable distance

  • On the same or better pay and conditions

The employer must objectively assess suitability and make the offer clearly.

What Happens If I Refuse a Suitable Alternative Job?

If you unreasonably refuse a suitable role, your employer may be within their rights to withhold redundancy pay. Whether a refusal is reasonable depends on the role’s terms and your personal circumstances.

What About Shared Parental Leave or Adoption Leave?

The same redundancy protections apply if you or your partner are on shared parental leave or adoption leave. The priority access to suitable alternative roles still applies.

Final Thoughts

You can be made redundant on maternity leave, but only where the redundancy is genuine, and your employer follows the law. You have enhanced protection during this period and must be given priority for suitable alternative employment.

If you believe you’ve been selected unfairly or due to your maternity status, you have the right to challenge the decision. Keep detailed records, understand your rights, and don’t hesitate to seek legal advice or support from ACAS if needed.