pregnancy or maternity leave. How an Employment Law Solicitor at Martin Searle Solicitors obtained compensation for a woman unfairly selected for redundancy due to maternity discrimination. If they work in a factory, they must take at least the first 4 weeks following the birth. Redundancy when on maternity leave: a matter of communication. If you are on family-related leave, your redundancy pay should be calculated based on your pay before your statutory leave period started. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. ACAS explains that pregnant employees and those on maternity leave can be fairly selected for redundancy, provided that there is a genuine redundancy … The strict protections in place for those going through pregnancy and maternity are designed to prevent discrimination against parents. You must consult any employees who are on maternity leave. There are two main types of pregnancy and maternity discrimination: unfavourable treatment and victimisation, and employers can easily trip up here. ACAS, in association with the Equality and Human Rights Commission, has recently published a Good Practice Guide on Managing Redundancy for Pregnant Employees or those on Maternity Leave. As you are on Additional Maternity Leave, there may be an issue there about whether or not your employer should actually select you for redundancy. Tools, Templates and Resources. The case concerned Regulation 10 of the Maternity and Parental Leave Regulations 1999, which states that, if it is not practicable by reason of redundancy for an employer to continue to employ a woman on maternity leave, the employee is entitled to be offered (not just invited to apply for) a suitable available vacancy with her employer (or an associated employer). It describes the law on this area, and usefully applies it directly to scenario`s that may … Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas’ helpline. Employers that fail to fulfil these obligations could face pregnancy and maternity discrimination claims. This short handbook provides a useful checklist to ensure that employers manage the process fairly. pregnancy or maternity leave. If you want to make a claim there is a strict time limit and you should contact ACAS on 0300 123 11 00 within three months (less one day) from the date of dismissal or act of discrimination. Download the Acas guide to handling large-scale redundancies (PDF, 522KB, 64 pages). #AskAcas on Twitter. Your workplace might have a policy about who must inform you of the birth and how quickly. But I would recommend speaking to ACAS for advice - there are a number of rules around redundancy for someone on maternity leave e.g. Redundancy during maternity leave. If the baby arrives early, maternity leave and pay starts on the day after the birth. ACAS Guidance on Maternity Rights and Redundancy. Recruitment Should a job applicant tell the employer she is pregnant? If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. In summary, you can be made redundant on maternity leave, if – and this is a crucial ‘if’ – pregnancy is not the reason (Acas 2019; Maternity Action 2019b). Coronavirus (COVID-19): latest advice for employers and employees. Employees at risk must reply in writing to accept or reject the offer. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Managing your employee's maternity leave and pay, Please tell us why the information did not help, I cannot find the information I'm looking for. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). You have an automatic right to be offered any suitable and appropriate vacancy (where one is available) before it is offered to any other employee (even if they are also at risk). If you are on maternity leave, adoption leave, paternity leave or shared parental leave and you are at risk of redundancy, you have special protection. Redundancy selection (Acas 2019; Maternity Action 2019a). Employees on maternity leave currently receive additional protection in redundancy situations. But they must take at least the first 2 weeks following the birth. Where an employee on maternity leave is at risk of redundancy, she is entitled to be offered any suitable alternative vacancy available in priority over any other “at risk” employee. Pregnancy and maternity discrimination protection mainly applies to a specific period of time known as the protected period. The Acas guidance on pregnancy and maternity discrimination is again the most likely to be used, with almost all those that are aware of it making use of it (88% that are aware of it and 87% (62) use it). To get employers redundancy help, call Employers Direct now on 0800 144 4050. An employment tribunal could accept a claim for unfair dismissal if you cannot show you've consulted an employee or employee representatives. (It is a rare example of lawful positive discrimination.) If your employee is dismissed while pregnant (for example, as a result of disciplinary action), you must give them the reasons in writing. That is, the employee will be dismissed and will not receive a redundancy payment. Even if your workplace has a policy about who should contact you, it's a good idea to be flexible and understanding in these circumstances. Search for: Pages. You … Employees do not have to take their full maternity leave. A consultation proposes that the existing legal protection against redundancy for pregnant women and new mothers on maternity leave is extended so that it continues for up to six months after they return to work. An employment tribunal could accept a claim for unfair dismissal if you cannot show you've consulted an employee or employee representatives. Our UK-based redundancy specialists are here for you 24/7, offering you free advice based on the Acas Code of Practice. Neurodiversity in the workplace. • Redundancy • Appeals • Maternity • Holiday pay • Mediation. However, employers should be aware that the right to receive statutory maternity pay (SMP) survives termination of the … Disputes and problems at work. Acas has published useful guidance on managing redundancy for employees who are pregnant or on maternity leave. Employees are entitled to 52 weeks' maternity leave. … Avoid compulsory redundancies ; Before any compulsory redundancy proposals are made can the organisation consider other ways of working to reduce costs. The guidance has a useful check list for managing the redundancy … The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). A job applicant does not have to tell the employer during the recruitment process that she is pregnant. In order to receive the Statutory maternity pay you must fulfil the following criteria; You should have worked for the same employer for a minimum of 26 weeks by the end of your qualifying week of maternity, i.e. About Acas – What we do Acas provides information, advice, training, conciliation and other services for ... selection for redundancy maternity leave return to work. Redundancy is not being used as an excuse for a dismissal because you are absent due to maternity leave; Your selection for redundancy is not based on your maternity absence. What if there is a redundancy situation during maternity leave? They have this right from the day they start the job. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Your maternity leave, pay and other rights, Please tell us why the information did not help, I cannot find the information I'm looking for. Settlement Agreement Guidance Acas ... For example, most agreements retain pregnancy and maternity formulations, regardless of your gender. Managing redundancy for pregnant employees or those on maternity leave 2 About Acas – What we do Acas provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. You will still qualify for statutory maternity pay if made redundant as long as you have been employed 26 weeks before the 15 th week before the expected date of child-birth – and you have been earning an average of at least £112 a week, (2015-2016), 8 weeks before the end of the qualifying week. There is also a guide setting out your entitlement to redundancy pay, notice, time off to find a new job. Posted on January 10, 2018. The right to request flexible working . This will not affect your employment rights, including your right to statutory redundancy pay. If she is not offered that role and is subsequently made redundant, her dismissal is automatically unfair. Unfair dismissal or detriment related to being pregnant or on maternity leave accounted for 1,900 tribunal cases in 2011-12. Making employees on maternity leave redundant. The poll found that: 6 out of … We’ll lead you through the complex guidelines, ease the burden, and help make your business more efficient—saving you time, money and worry. Genuine redundancy on maternity leave: how to tell if it’s discrimination or valid . Holiday leave and maternity leave cannot be taken at the same time. You still build up your holiday entitlement as normal during maternity leave. ... New Acas Guidance on Menopause and the Workplace Read More » Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas’ helpline. Tag: acas maternity redundancy. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. Redundancy selection (Acas 2019; Maternity Action 2019a). Workers will not be on a fixed term contract if they: have a contract with an agency rather than the company they are working for; are on a work experience placement as a student or trainee; are on a 'contract of apprenticeship' are a member of the armed forces. It describes the law on this area, and usefully applies it directly to scenario`s that may … We can forward your call to ACAS Now (Calls cost 7ppm your network access charge.) HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain rights to protect them from unfair treatment. Employees on maternity leave are not exempt from being dismissed or selected for redundancy in a genuine redundancy situation where there is no suitable alternative vacancy. Representation. The employee still has their maternity leave and pay rights if the baby: If the employee is eligible for parental bereavement leave and pay, they have the right to take this after they finish their maternity leave. You have an automatic right to be offered any suitable and appropriate vacancy (where one is available) before it is offered … for … Redundancy during pregnancy and Statutory Maternity Pay. For further information, the Equality and Human Rights Commission in partnership with Acas have produced a guide which is publicly available online. If the baby's arrival is unexpected or traumatic, you might be told about it from someone other than the employee (for example, a member of their family). If you have a question about your individual circumstances, call our helpline on 0300 123 1190. ... Acas early conciliation period extended. If a woman on maternity leave is to be made redundant, she is entitled to trump everyone else for any suitable alternative employment that is available. Here are some examples of situations where the redundancy is not genuine but a case of maternity discrimination: Your employer has permanently given your job and duties to someone else during the tenure of your maternity leave and does not allow you to come back at the end of your leave; Checking your pregnancy and maternity rights, Download our guide to redundancy rights when pregnant or on maternity leave, if they're planning redundancies or reorganisation, what else you’d like to hear about, for example staff bulletins or news on social events, how you’d like to communicate, for example by email, phone or keeping in touch (KIT) days. being offered an equivalent role so it would be helpful to get up to speed on that. Before you go on maternity leave, your employer or manager should have a meeting with you to talk about how you’d like to stay in touch. If there may be 20 or more employees ‘at risk’ of redundancy, additional procedures and certain timescales apply. Did you get the information you need from this page? As part of the redundancy process there should be a consultation and you should be able to put these points to them and ask them why your role in particular has been chosen for redundancy. Did you get the information you need from this page? It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. It will also seek views on giving the same rights to parents returning from adoption leave and shared parental leave. Go to www.acas.org.uk. We can forward your call to ACAS … By Charles Wynn-Evans on 29 Mar 2019 in Maternity, Latest News, Case law, Redundancy. This short handbook provides a useful checklist to ensure that employers manage the process fairly. Get in touch any time, any day, and as often as you like for free redundancy advice. We cannot respond to questions sent through this form. MATERNITY - 29.01.2018 Acas’ new pregnancy and maternity guidance . Redundancy during pregnancy and Statutory Maternity Pay. To get employers redundancy help, call Employers Direct now on 0800 144 4050. This includes vacancies in a group company. It will also seek views on giving the same rights to parents returning from adoption leave and shared parental leave. Coronavirus (COVID-19): latest advice for employers and employees. While you’re on maternity leave, they should tell you: You can agree with your employer to work for up to 10 days during your maternity leave to help you stay in touch with your workplace. Currently, the Advisory, Conciliation and Arbitration Service (ACAS) helpline receives 15,000 calls a year from employers and employees seeking advice on pregnancy or maternity and redundancy issues. Government intends to extend this protection for … This is unless you and the employee agree together to delay it (for example, for health and safety reasons). Acas said redundancy related calls shot up by 160% over the past two months when compared to the same period in 2019. You still build up your holiday entitlement as normal during maternity … Our survey results indicated that our members were most likely to be aware of the Acas guidance on pregnancy and maternity discrimination, with 88% (72 people) saying this. Redundancy: selection process and informing and consulting. If the employee is off work because of a pregnancy-related illness within 4 weeks of the date the baby is due, maternity leave begins automatically. You could refer to the rights of part-time workers and the right to be heard with respect to layoffs, even if you have never been in those situations. Acas has found that over a third of employers (37%) are likely to make staff redundancies in the next 3 months. Acas Helpline. With many employers having to make large-scale redundancies often with little warning as a result of coronavirus, will tribunals be inundated with these claims in the next few years? It's against the law to treat an employee unfairly because of maternity leave they take, or plan to take. If they want to start their maternity leave early, they must give you 28 days' notice of the new start date. If your employee told you they wanted to start maternity leave the day after the birth, you do not need to change anything. SPL allows leave to be used more flexibly between the pregnant employee and their partner. For free employment law advice based on the ACAS Code of Practice today, call Employers Direct now on 0800 144 4050. Redundancy during maternity, adoption or shared parental leave ... You must contact ACAS Early Conciliation on 0300 123 11 00 within the time limit before making a tribunal claim. ACAS Guidance on Maternity Rights and Redundancy. In summary, you can be made redundant on maternity leave, if – and this is a crucial ‘if’ – pregnancy is not the reason (Acas 2019; Maternity Action 2019b). If an employee on maternity leave has worked for their employer for at least two years, they will be entitled to statutory redundancy pay. Under Regulation 10 of the Maternity and Parental Leave etc. Before submitting a claim, a prospective claimant must contact Acas, which will attempt to resolve the dispute. For example, if you are on maternity or parental leave, and there is a genuine reason to make your role redundant, your employer must offer you suitable alternative work if they have it. Acas and the Equality Human Rights Commission have published a guide to help employers understand the rights of women who are pregnant or on maternity leave when facing redundancy. I strongly reccommend that you call Working Families as well as ACAS tomorrow. ACAS will help you try to resolve it initially through ‘early conciliation’ with your employer. They just need to tell you the date they give birth, so that they start their compulsory maternity leave from then. Employees build up ('accrue') paid holiday as normal during maternity leave. The rules applies even if the woman on maternity leave is not the best candidate. Employers often believe that it is unlawful to make a woman redundant during maternity leave. Pregnancy or maternity is never a valid reason to dismiss someone. Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas's helpline. Editor: If you have been singled out for redundancy due to maternity leave that woud be discrimination plus they would need to prove that your job is genuinely redundant. Reply. If it's shorter notice, the new date must be agreed by both of you. Working hours. Once maternity leave starts, you must pay them maternity pay instead of sick pay. Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. Helpful advice. There are different pregnancy and maternity rights for agency workers. Consider: Voluntary Redundancy scheme; Temporary reduction of staff … Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas's helpline. Our experts in employer redundancy advice are waiting to help. And the sooner you get help, the sooner you get redundancy right—guaranteed. This has lead Acas and the EHRC to publish a new guide, Managing redundancy for pregnant employees or those on maternity … Legal Opinion: Redundancy and maternity leave. See the Acas guidance on managing redundancy for pregnant employees or those on maternity leave. A consultation proposes that the existing legal protection against redundancy for pregnant women and new mothers on maternity leave is extended so that it continues for up to six months after they return to work. If you work more than 10 KIT days, your maternity leave and pay automatically end by law. If you are on maternity leave, adoption leave, paternity leave or shared parental leave and you are at risk of redundancy, you have special protection. Redundancy during maternity leave. Unfair dismissal or detriment related to being pregnant or on maternity … If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Your employee's maternity leave, pay and other rights, How and when they must tell you they're pregnant, Discrimination because of pregnancy or maternity, If they’re ill or having a difficult pregnancy, Find out more about Shared Parental Leave, managing redundancy for pregnant employees or employees on maternity leave, different pregnancy and maternity rights for agency workers, Their leave, pay, redundancy and dismissal rights, is stillborn after the 24th week of pregnancy, how it happens (for example, whether any urgent communication can be emailed to a friend or family member for a limited time), discuss with your employee whether they'll take their holiday leave before or after  maternity leave, keep an up-to-date note or other record of what's agreed, check the redundancy is genuine and necessary, use redundancy selection criteria that do not discriminate. In response to the need for information on this topic, ACAS, in partnership with the Equality and Human Rights Commission, has published new guidance entitled ‘Managing redundancy for pregnant employees or those on maternity leave’. This means the pregnant employee could end maternity leave early. Unfair dismissal or detriment related to being pregnant or on maternity leave accounted for 1,900 tribunal cases in 2011-12. Publications. Redundancy: selection process and informing and consulting. If you need to make the employee redundant when they're pregnant or on maternity leave, you must: The pregnancy or maternity must not be part of the reason to make them redundant – you might be breaking discrimination law if it is. Employees on basic or additional maternity/adoption leave to whom redundancy applies are entitled to be offered any suitable alternative vacancy. Training Courses, Workshops and Projects. In response to the need for information on this topic, ACAS… Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. Performance management. Redundancy pay and SMP/SAP/ShPP. Acas has published useful guidance on managing redundancy for employees who are pregnant or on maternity leave. Search for: Pages. These are called keeping in touch (KIT) days. You must not discourage the employee from taking all their maternity leave. If you do not offer a woman on maternity leave a suitable alternative job because she cannot start the job immediately, this would be maternity discrimination. You must consult any employees who are on maternity leave. Yes, the Equality and Human Rights Commission and ACAS have produced guidance for employers and employees on managing redundancies for pregnant employees and those on maternity leave. If you like, you can tell us more about what was useful on this page. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. We have a The guidance below is given on the assumption that there are fewer than 20 employees to be made redundant. 24/7 TUPE Advice \Free for Employers; About Employers Direct; ACAS … This website and any 0843 telephone numbers therein are operated by e-Call Connect Ltd and is not affiliated with, or operated by, any organisation listed on this site. Please do not include any personal details, for example email address or phone number. Redundancy Policy V2.3 7.2 “At risk” employees who reject an offer of a suitable alternative employment without objective justification will lose entitlement to redundancy payments. Dos and don’ts: applying selection criteria for performance It’s up to you to agree with your employer: It still counts as a full KIT day even if you only work part of it (for example a half day). This period is known as compulsory maternity leave. Genuine redundancy on maternity leave: how to tell if it’s discrimination or valid Download the Acas guide to handling large-scale redundancies (PDF, 522KB, 64 pages). YouGov were commissioned to ask British businesses about their redundancy plans and knowledge of the law in this area. Redundancy, notice, retirement and transfers. Charles Wynn-Evans outlines how … 15 weeks before your baby is … This means you could return to work with a lot of holiday to take. It has issued updated advice for employers that may be considering making roles redundant, encouraging them to consider alternatives such as more flexible ways of working, compressed hours or job shares. A free consultation could answer a lot of your questions on how to manage redundancy and make sure you avoid claims for unfair dismissal. Once the dismissal takes effect, the maternity leave period automatically comes to an end. ... covering for maternity leave. Free Acas employment law advice for employers. Holiday. Stock photo. By Melissa Paz on 5 Oct 2010 in Maternity, Employment law, Redundancy. This includes bank holidays. Yes. Younger Workers. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. Your employee must give you 28 days' notice if they want to change their maternity leave start date. You should be as understanding and supportive as possible in these circumstances. 15 weeks before your baby is … Tag: acas maternity redundancy. Under the Equality Act 2010 it is unlawful to discriminate against someone, or treat them unfairly, because of pregnancy or maternity. Before you go on maternity leave, it’s a good idea to agree with your employer when you’re going to take your holiday. Unfair redundancy if you’re on maternity leave. If they have a good reason not to give this notice (for example, it's late in the pregnancy), you would both need to agree this date. Call 0800 389 0286 now for peace of mind. Guidance: New Acas guidance on managing redundancy during pregnancy and maternity leave Useful guidance on managing the process of redundancy of pregnant workers and women on maternity leave has been published by Acas, in association with the Equality and Human Rights Commission. Currently, the Advisory, Conciliation and Arbitration Service (ACAS) helpline receives 15,000 calls a year from employers and employees seeking advice on pregnancy or maternity and redundancy issues. Find out more about: managing redundancy for pregnant employees or employees on maternity leave (PDF, 299KB, 13 pages) You are being included in all consultations, meetings and communications about redundancy; The selection criteria used for redundancy does not lead to the fact that you are on maternity leave, directly or indirectly. Your employer has the right to a reasonable amount of contact with you during your maternity leave. Redundancy. ACAS, in association with the Equality and Human Rights Commission, has recently published a Good Practice Guide on Managing Redundancy for Pregnant Employees or those on Maternity Leave. Redundancy during pregnancy (consultation about redundancy, the selection process, suitable alternative work) A redundancy situation is where there is either a closure of the business (or particular workplace) or a reduced need for employees to do work of a particular kind. You are advised to seek external HR advice. Redundancy while working prior to maternity leave starting. Find out more about Shared Parental Leave. The pregnancy or maternity must not be part of the reason to make them redundant – you might be breaking discrimination law if it is. Editor: If you have been singled out for redundancy due to maternity leave that woud be discrimination plus they would need to prove that your job is genuinely redundant. Please also see the Acas guide to handling large-scale redundancies(pdf, 522KB). Posted on January 10, 2018. You will be entitled to statutory redundancy pay if you have been employed by your employer for at least 2 years. I seem to recall you're also entitled to have someone with you in consultation meetings. The new contract must be suitable and appropriate and conditions must not be substantially less favourable than the previous contract. The pregnant employee must still take at least 2 weeks' maternity leave after the baby is born. Acas uses cookies to ensure we give you the best experience and to make the site simpler. You cannot take holiday during maternity leave as this would end your maternity leave and pay. Time off. Employees on maternity leave are not exempt from being dismissed or selected for redundancy in a genuine redundancy situation where there is no suitable alternative vacancy. You should have had something in writing and been asked to come in for consultation meetings, as i am sure your collegues who are not on Maternity Leave did. 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