Q&As

Where an employee on maternity leave is potentially redundant, what steps does an employer have to take before offering her a new role?

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Published on LexisPSL on 06/09/2016

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employee on maternity leave is potentially redundant, what steps does an employer have to take before offering her a new role?

Where an employee on maternity leave is potentially redundant, what steps does an employer have to take before offering her a new role?

If a redundancy situation arises during the employee's maternity leave, such that it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment, the employer must offer the employee any suitable available vacancy that exists with the employer, the employer's successor, and/or with any associated employer.

For further information on the definition of redundancy for the purposes of entitlement to a statutory redundancy payment and entitlement to claim unfair dismissal, see our Practice Note: Definition of redundancy—Redundancy payment entitlement, and fair reason for dismissal.

The offer of suitable available employment must:

  1. be made before the end of the employee's employment under her existing contract, and

  2. take effect immediately on the ending of her employment under previous contract

The offer must be under a new contract of employment which is such that:

  1. the work to be done under it is of a kind which is both suitable in relation to the employee, and appropriate for her to do in the circumstances, and

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