A free consultation could answer a lot of your questions on how to manage redundancy and make sure you avoid claims for unfair dismissal. In response to the need for information on this topic, ACAS… You could be breaking discrimination law if you do this. Recruitment Should a job applicant tell the employer she is pregnant? (It is a rare example of lawful positive discrimination.) Yes. Call 0800 389 0286 now for peace of mind. 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. By Melissa Paz on 5 Oct 2010 in Maternity, Employment law, Redundancy. Download the Acas guide to handling large-scale redundancies (PDF, 522KB, 64 pages). Training Courses, Workshops and Projects. Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. We have a 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 the baby is late and your employee gave you a specific date they wanted maternity leave to start, they can still start the leave from that date. Employees are entitled to 52 weeks' maternity leave. 15 weeks before your baby is … The rules applies even if the woman on maternity leave is not the best candidate. An employment tribunal could accept a claim for unfair dismissal if you cannot show you've consulted an employee or employee representatives. Your workplace might have a policy about who must inform you of the birth and how quickly. 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. 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. Helpful advice. It's against the law to treat an employee unfairly because of maternity leave they take, or plan to take. This includes vacancies in a group company. Please also see the Acas guide to handling large-scale redundancies(pdf, 522KB). Employees do not have to take their full maternity leave. If you need to discuss work-related matters with the employee, you could arrange with someone else (for example, a friend or family member): You could also offer more time off or a phased return to work. This will not affect your employment rights, including your right to statutory redundancy pay. Plus, we only give advice to employers, so you know we have your business’s best interests at heart. There is also a guide setting out your entitlement to redundancy pay, notice, time off to find a new job. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. 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. 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’. If the baby arrives early, maternity leave and pay starts on the day after the birth. They just need to tell you the date they give birth, so that they start their compulsory maternity leave from then. being offered an equivalent role so it would be helpful to get up to speed on that. Coronavirus (COVID-19): latest advice for employers and employees. … Government intends to extend this protection for … Employees on basic or additional maternity/adoption leave to whom redundancy applies are entitled to be offered any suitable alternative vacancy. See the Acas guidance on managing redundancy for pregnant employees or those on maternity leave. Under the Equality Act 2010 it is unlawful to discriminate against someone, or treat them unfairly, because of pregnancy or maternity. YouGov were commissioned to ask British businesses about their redundancy plans and knowledge of the law in this area. Genuine redundancy on maternity leave: how to tell if it’s discrimination or valid Tag: acas maternity redundancy. This short handbook provides a useful checklist to ensure that employers manage the process fairly. Pregnancy and maternity discrimination protection mainly applies to a specific period of time known as the protected period. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. I seem to recall you're also entitled to have someone with you in consultation meetings. 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. 15 weeks before your baby is … Acas has published useful guidance on managing redundancy for employees who are pregnant or on maternity leave. Go to www.acas.org.uk. Search for: Pages. Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas's helpline. The pregnancy or maternity must not be part of the reason to make them redundant – you might be breaking discrimination law if it is. Settlement Agreement Guidance Acas ... For example, most agreements retain pregnancy and maternity formulations, regardless of your gender. pregnancy or maternity leave. Using the ACAS recommended redundancy plan structure, here are some points to consider that will help manage each stage of the redundancy planning process. Acas Helpline. What if there is a redundancy situation during maternity leave? You still build up your holiday entitlement as normal during maternity … 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. 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. 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. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. As often as you like, you do this for employers and employees you! 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