Helen Badger, employment law expert, Browne Jacobson
There is no specified period for which an employee has to work for her employer after maternity leave before an employer can dismiss on the grounds of redundancy. However, an employee on maternity leave or due to return from maternity leave does have some additional protection over and above other employees at risk of redundancy.
An employee who takes the full 12 month period of maternity leave is normally entitled to return to the same position she was employed in prior to the maternity leave. However, if that is not reasonably practicable, then her entitlement is to return to another job which is both suitable for her and appropriate for her to do in the circumstances. This should be on terms no less favourable than those applying before her leave started.
Where a redundancy arises during maternity leave, then it will not be reasonably practicable for the employee to return to her job. In those circumstances the employer must offer her suitable alternative employment if there is a vacancy, or get an associated employer (i.e. a business that is either controlled or has control over your company, or one that is controlled by the same third party as yours) to do so if there is a vacancy.
It might be difficult to check with all associated employers to see if there is a vacancy elsewhere, but the employer is obliged to do that. The alternative employment offered must be as good as the old job: the work must be ‘suitable in relation to the employee’ and ‘appropriate for her to do in the circumstances’ and the terms and conditions of employment must be ‘not substantially less favourable’ than the old ones.
Where a redundancy arises during a period of maternity leave, it is necessary to follow standard redundancy consultation procedures, making sure that this employee is as involved as all other staff even though she is on maternity leave. She would need to be informed of the proposals, invited to consultation meetings and given the opportunity to express her view on the proposals before any decision is made.
Helen can be contacted at: hbadger@brownejacobson.com
