FAQ/redundancy – can UK employees on maternity leave be made redundant?

Can an employee on maternity leave be made redundant? It’s a question employers are asking more than ever because in recent times redundancy protection has expanded significantly, tribunal risk in this area has been rising, and there are further reforms on the horizon under the Employment Rights Act 2025. So, what used to be seen as a rather technical HR issue has become a high-stakes legal decision.

So, can an employee on maternity leave be made redundant? I put that question to Laura Kennedy from our Glasgow office: 

Laura Kennedy: “Yes, but only in limited circumstances. First, there must be a genuine redundancy situation. Employers can’t select someone because they are pregnant or on maternity leave. If the dismissal is connected to pregnancy or maternity, it is likely to be automatically unfair and could amount to discrimination.

The key protection employers need to remember is priority for suitable alternative employment. So, where a suitable vacancy exists, the employer must offer that role to the employee ahead of others. They effectively are allowed to jump the queue and, not only that, the individual shouldn’t be required to apply or compete for the role, they are entitled to be offered it.

Another thing to be aware of is that the protection period is now much wider than many employers realise. It begins when the employee notifies the employer of their pregnancy, continues throughout maternity leave, and currently lasts until 18 months after the expected week of childbirth.

Now, whilst all of that protection exists, it doesn’t necessarily mean redundancy is banned altogether. If the redundancy is genuine, and provided there’s no suitable alternative role available, then a dismissal may still be lawful, but in that case the employer must be able to demonstrate a fair process and clear business rationale. So that’s where it’s vital to have a clear paper trail which will form the basis of your defence if that decision is challenged.”

Joe Glavina: “And looking ahead, these protections are going to become even stronger aren’t they?”

Laura Kennedy: “Yes, the direction of travel is clearly towards significantly greater protection. We now have the Employment Rights Act 2025, of course, and we expect further protections to come into force during next year, 2027 and while the exact details have yet to be finalised we do know broadly what that’s going to look like. So what the government plans to do is introduce regulations making it unlawful to dismiss women who are pregnant, on maternity leave, or for at least six months after they return to work, except in specific circumstances, which will be defined in regulations. The Act also gives the government power to extend protection beyond redundancy situations, meaning the rules could apply to dismissals more generally during pregnancy, maternity leave, and the post-return period. So, all in all, this is pointing to a much higher bar for employers when they’re considering dismissal during these protected periods. In other words, it’s going to be riskier and the stakes will be higher. So the practical message for employers is, going forward, make sure you treat any potential dismissal involving a pregnant employee or new mother as a high-risk decision, ensure your rationale is robust, actively consider alternatives, and make sure you document every step of the process very carefully.”

We have added this programme to our FAQs series of programmes. To find them just type ‘FAQ/redundancy’ in the search engine of the Out-Law website.