What countries does this apply to?
- England
- Scotland
- Wales
Where during a redundancy exercise, alternative jobs are available in your organisation or with an associated employer, you should make sure these are offered to potentially redundant employees using criteria which do not unlawfully discriminate.
The situation is different if any of the potentially redundant employees is a woman on maternity leave. In this situation, the employee does not have to go through selection against the criteria for filling a vacant post.
What you need to do if you are making an employee on maternity leave redundant
You must offer the employee any suitable available job with you, your successor (if your organisation is being taken over or passed onto another organisation), or any associated employer.
The offer must be of a new contract to come into effect as soon as the previous contract ends and must be such that:
- the work is suitable and appropriate for the worker to do, and
- the capacity, place of employment and other terms and conditions are not substantially less favourable than under the previous contract.
Page updates
Published:
19 February 2019
Last updated:
19 February 2019