Occupational Health HR (General) Employers should be alive to the need to ensure that communications with an employee who is on maternity leave raise proactively with the individual issues that are relevant to the employee’s employment, career advancement and otherwise – and that the means of communication with the employee, whether to a personal or work email address, is agreed, complied with and effective. You still build up your holiday entitlement as normal during maternity leave. An employee on Maternity Leave or Additional Maternity Leave cannot be notified that they are being made redundant. Organisational Development Advertising specifications Under the Equality Act 2010, employees can make a claim to the Employment Tribunal if they believe that they have been discriminated against or victimized because of their pregnancy or because they have taken, are taking or intend to take maternity leave (or, indeed, any other ‘protected characteristic’ (see this article for an explanation of what a ‘protected characteristic’ is). Email Newsletters Employment Law Redundancy law - Case studies. The EAT has held that an employee refusing to return to work following the end of her maternity leave amounted to her acceptance of a repudiatory breach. Employee Benefits Awards It also proves that, sometimes, the correct reading of legislation is reassuringly obvious. HR Director United Kingdom; Employment law - HR E-Brief; 20-02-2013. When a redundancy situation arises whilst an employee is on maternity leave, the employee has a right to be offered a suitable alternative vacancy (Regulation 10 of the Maternity and Parental Leave Regulations 1999 (MPL Regulations). This includes absent employees, such as those on maternity leave. Unsurprisingly, given the use of the word “and” between the two conditions in Regulation 10, the EAT decided that the two conditions on the right to an alternative vacancy should be read together, and both needed to be satisfied. The EAT also confirmed that the question of the job’s suitability was one for the employer and there was no requirement that the employee be involved in this process. In the case of redundancies, minimum notice periods are specified by law. Ahead of an employee going on maternity leave, employers may wish to discuss with the employee what degree of ongoing contact the employee wants in terms of continuing to receive details of social events, company newsletters and the like. Redundancy. Employment Law Discrimination. There have been two recent cases which are of interest to employers needing to embark on redundancy exercises. This gives the woman priority over other employees who are at risk of redundancy, even if they are better qualified for the job. She failed to apply, claiming that the relevant correspondence had piled up at her home while she was recuperating elsewhere. 27 Nov 2020. Change Management UK HR ebrief - Redundancy case law: recent developments. We are a small company and it is only me, another marketing assistant and the marketing manager in the team. Ultimately, the stakes remain high – if an employer breaches Regulation 10 and then dismisses the employee on maternity leave, the dismissal will be automatically unfair. Categories. Payroll You are here: Home > Legal services for business > Employment Law > Dismissal and redundancy > Maternity and redundancy. Summary of claim: the Claimant informed her employer that she was pregnant on 9 December 2015. Implied terms can arise from custom and practice and if employers adopt regular patterns of payments this may give rise to a contractual term. Employee Benefits Live, • Occupational Health & Wellbeing Organisational Development pay them maternity pay as well. Pregnancy and maternity discrimination is illegal, and those on maternity leave have special protection in a redundancy situation. These reforms … Rather optimistically, Mrs Simpson argued that, if there was a suitable post, this should have been offered to her even if the terms and conditions of the contract were less favourable. the terms and conditions of her new job, including the capacity and place in which she is to be employed, must not be “substantially less favourable”. Jackson was on maternity leave when, along with a number of colleagues, she was put at risk of redundancy. However, if it’s essential due to the coronavirus pandemic (or for other … Employers who wish to maintain discretionary redundancy schemes should make this clear in any policy and redundancy payments should be made on a variety of terms on a case-by-case basis. HR Business Partner While this decision provides welcome clarification for employers, they should still consider alternative vacancies in these circumstances very carefully – suitability and favourableness will not always be clear cut. The relevant legislation – regulation 12A(4) of the Maternity and Parental Leave etc Regulations 1999 – does allow for employers to be entitled to have “reasonable contact” with their employees whilst on maternity leave. How to stay in touch with employees on maternity leave: Redundancy or reorganisation during maternity leave. The answer is no – not at the moment. Does an employee made redundant while on maternity leave have any special rights? Learning & Development Employers must keep the business active until the maternity leave is finished and then notify the employee. The statutory redundancy notice periods are: If you have been employed for 12 years or more, then you must be given 3 months’ notice. Cookies policy People Analytics Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. 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