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Last updateTue, 24 Feb 2015 5pm

MATERNITY LEAVE : Employers’ duties in a redundancy situation

06 February 2015  

Mark Kaye considers a recent EAT decision on the right of women on maternity leave to be offered a suitable alternative vacancy

Women on maternity leave have special protection in a redundancy situation by virtue of Reg 10 of the Maternity and Parental Leave Regulations 1999 (the regulations). Effectively, they receive priority over all other employees in relation to suitable alternative vacancies. If such an employee is not offered a suitable alternative vacancy where one exists, her dismissal will be automatically unfair.

 

Additional Info

  • Case(s) Referenced:

    Sefton Borough Council v Wainwright [2014] UKEAT/0168/14

Last modified on 12 February 2015