Being made redundant during maternity leave is one of the most stressful employment situations. The law gives you enhanced protection — here’s exactly what it means.
Your Enhanced Legal Protection
From 6 April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 significantly strengthened your rights.
The Protected Period
You have enhanced redundancy protection during a protected period that runs from:
- The date you tell your employer you’re pregnant (or your employer becomes aware)
- Through your entire maternity leave
- Until 18 months after the birth of your child
This means protection continues after you return to work.
What “Enhanced Protection” Means
During the protected period, if a redundancy situation arises:
- You must be offered any suitable alternative vacancy before it’s offered to other employees
- You don’t have to apply or compete — the employer must proactively offer it to you
- Only if there is genuinely no suitable alternative can you be made redundant
- The same protection applies to adoption leave and shared parental leave
When Redundancy Is and Isn’t Lawful
Lawful Redundancy on Maternity Leave
A genuine redundancy can happen if:
- The workplace is closing
- Your specific role is being eliminated (not just reshuffled)
- There’s a genuine reduction in the workforce
- No suitable alternative vacancy exists
- You weren’t selected because of pregnancy or maternity leave
Unlawful Dismissal
It’s automatically unfair dismissal and pregnancy discrimination if:
- Your role hasn’t genuinely disappeared — it’s been given to someone else
- You were selected for redundancy because you’re pregnant or on maternity leave
- A suitable alternative vacancy exists but wasn’t offered to you
- The redundancy process was a pretext to dismiss you
- Your employer didn’t follow a fair process
Suitable Alternative Employment
What Counts as “Suitable”
The alternative role must be:
- Suitable for you — matching your skills, experience, and qualifications
- On terms not substantially less favourable than your current role
- Offered before your current role ends
The terms include:
| Factor | Must Be |
|---|---|
| Pay | Same or higher |
| Location | Reasonable (similar commute) |
| Hours | Same or similar |
| Seniority | Comparable level |
| Status | Not a demotion |
Your Right to a Trial Period
If there’s uncertainty about whether the alternative role is suitable, you’re entitled to a 4-week trial period. If the role genuinely isn’t suitable, you can still claim redundancy.
Your Financial Entitlements
Statutory Redundancy Pay
Calculated on your normal salary (not maternity pay):
| Age | Entitlement per Full Year of Service |
|---|---|
| Under 22 | Half a week’s pay |
| 22–40 | One week’s pay |
| 41+ | One and a half weeks’ pay |
Maximum 20 years of service counted. Weekly pay is capped at £643 (2024/25).
Notice Pay
You’re entitled to notice (or pay in lieu):
- Statutory minimum: 1 week for each year of service (up to 12 weeks)
- Contractual notice: If your contract is more generous, you get that instead
- Calculated at your full pay rate, not maternity pay
Maternity Pay Continues
If you’re made redundant during maternity leave:
- Statutory Maternity Pay (SMP) continues for the full 39 weeks — your former employer must keep paying it
- If your employer becomes insolvent, HMRC takes over SMP payments
- Any enhanced maternity pay usually stops at redundancy (check your contract)
Holiday Pay
You continue to accrue holiday during maternity leave. Any accrued, untaken holiday must be paid out on redundancy.
What Your Employer Must Do
A fair redundancy process while you’re on maternity leave requires:
- Consult with you — the same as any other employee, with reasonable adjustments for your situation
- Consider you for suitable alternatives first — before other at-risk employees
- Not use maternity leave as a selection criterion — absence during maternity can’t count against you in a scoring matrix
- Give adequate notice — as per your contract or statutory minimum
- Provide written reasons — you’re entitled to written reasons for dismissal if you have 1+ year’s service (or automatically if pregnant/on maternity leave)
What to Do If You’re Made Redundant
Immediate Steps
- Ask for the decision in writing — including the reasons
- Request the redundancy selection criteria — how were employees scored?
- Check what alternative roles were available — and why they weren’t offered to you
- Don’t sign anything immediately — take time to consider any settlement agreement
If You Think It’s Unfair
- Contact ACAS for free early conciliation — this is mandatory before a tribunal claim
- Time limit: 3 months minus 1 day from your dismissal date
- Contact Maternity Action — specialist free legal advice on maternity rights
- Consider an employment tribunal claim for:
- Automatic unfair dismissal (pregnancy/maternity)
- Pregnancy and maternity discrimination
- Failure to offer suitable alternative employment
Compensation for Unfair Dismissal
| Claim | Potential Award |
|---|---|
| Automatic unfair dismissal (pregnancy) | Basic award + compensatory award (capped at £115,115 or 52 weeks’ pay, whichever is lower) |
| Pregnancy discrimination | Uncapped — includes loss of earnings, future losses, and injury to feelings |
| Injury to feelings (Vento bands 2024) | £1,200–£56,200 depending on severity |
Where to Get Help
- Maternity Action — free legal advice helpline on maternity rights at work
- ACAS — free employment advice and early conciliation
- Citizens Advice — free face-to-face and online support
- Working Families — helpline for working parents’ legal rights
- Your trade union — if you’re a member, they can represent you