My son's gf. They have just let a load of people go. Can they get rid of her whilst on maternity leave?
Should as, they haven't actually done it (as yet.)
Thanks guys.
The law makes it clear that: During the protected period unfavourable treatment of a <b>woman</b> because she is <b>pregnant</b>or on <b>maternity leave</b> is unlawful. ... A <b>woman made redundant</b> while on <b>maternity leave</b> must be offered any suitable alternative vacancy <b>if you</b> have <b>one</b>. She doesn't need to apply for it.
from the acas website
If they do it I believe they will be acting illegally.
IIRC it depends. If she has been chosen for redundancy then its automatically unfair dismissal. If an entire dept or office has been closed then its not unfair and she has not been chosen
I don't think you would need the two year working to qualify for tribunal either
Its one for proper legal advice tho. whats her union rep say?
Should add, it's due to covid, not any issue with the girls work or anything, theft they have laid people of.
Quick answer, yes.
But there’s a lot of ifs and buts in there. It’s dodgy ground for the company unless they are following process meticulously.
Simplistically, as TJ touched on, if it’s part of a larger team and department then the company are on safer ground, if it’s just her they are likely acting illegally.
You need more details.
Yes.
My missus got binned from Syngenta whilst pregnant
As long as it's not the reason then it's allowed.
Technically no, but in practice yes. A couple of big firms I've worked for were notorious for this - woman goes on maternity leave, while away is told "uh, we're changing your job, so, uh, don't come back".
My sense is each of them kicked up a stink and was given *just* enough of a payoff not to take it any further.
Hijack. If a lady wamts to come back frpm maternity leave and go part time, but there are no part time roles available that are suitable anymore. She than states, if i come back full time i will go on sick leave indefinitely and you can pay me SSP to sit at home
So the lady doing her job for 18mths has to be let go as mum wants to return to work, but if we reinstate her in her old full time she will go sick and we end up with no one. Sounds all kind of blackmail to me
She than states, if i come back full time i will go on sick leave indefinitely and you can pay me SSP to sit at home
I’d ask her to put that in writing.
However,
So the lady doing her job for 18mths has to be let go as mum wants to return to work
If you employ someone perm to cover mat leave this is always the risk, ideally they’d be on a fixed term contract.
Singletrackmind and within 10 weeks you have her sacked on grounds of capacity. Simple to do. I have been both a union rep and a manager. Thats an easy one to deal with..
As always, thanks for all the info guys.
She's not in a union I'm afraid tj.
I suspect whole departments might get closed or the company even go bust, who knows. Uncharted waters eh?
From what's been said, she certainly isn't safe as such. Then again, millions of workers aren't at the moment...
One thing to check- if she’s on maternity leave they may have to pay the balance of any maternity pay due.
Yes they can as long as the correct process is followed.
Been there, have the hat.
The only reason it's dodgy is it can be construed as discrimination, if the redundancy process is followed properly and documented it will be legal. If the woman is the only one being made redundant then it would be difficult to prove its not discrimination, if the role is going along with a lot of others, especially in the current climate it would be a lot easier to do.
In the light of todays announcement by the chancellor I suspect that the pregnant woman is in a much stronger position. Seek professional advice though.
Thanks guys, hugely appreciate the help and info.
