Call 0800 389 0286 now for peace of mind. I strongly reccommend that you call Working Families as well as ACAS tomorrow. ACAS Guidance on Maternity Rights and Redundancy. We cannot respond to questions sent through this form. #AskAcas on Twitter. Consider: Voluntary Redundancy scheme; Temporary reduction of staff … Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Your maternity leave, pay and other rights, Please tell us why the information did not help, I cannot find the information I'm looking for. You have an automatic right to be offered any suitable and appropriate vacancy (where one is available) before it is offered to any other employee (even if they are also at risk). If there may be 20 or more employees ‘at risk’ of redundancy, additional procedures and certain timescales apply. Acas and the Equality Human Rights Commission have published a guide to help employers understand the rights of women who are pregnant or on maternity leave when facing redundancy. Charles Wynn-Evans outlines how … Our UK-based redundancy specialists are here for you 24/7, offering you free advice based on the Acas Code of Practice. Legal Opinion: Redundancy and maternity leave. The new contract must be suitable and appropriate and conditions must not be substantially less favourable than the previous contract. ACAS will help you try to resolve it initially through ‘early conciliation’ with your employer. Search for: Pages. Acas has found that over a third of employers (37%) are likely to make staff redundancies in the next 3 months. Recruitment Should a job applicant tell the employer she is pregnant? The pregnancy or maternity must not be part of the reason to make them redundant – you might be breaking discrimination law if it is. In order to receive the Statutory maternity pay you must fulfil the following criteria; You should have worked for the same employer for a minimum of 26 weeks by the end of your qualifying week of maternity, i.e. pregnancy or maternity leave. While you’re on maternity leave, they should tell you: You can agree with your employer to work for up to 10 days during your maternity leave to help you stay in touch with your workplace. (It is a rare example of lawful positive discrimination.) Redundancy selection (Acas 2019; Maternity Action 2019a). This is unless you and the employee agree together to delay it (for example, for health and safety reasons). This has lead Acas and the EHRC to publish a new guide, Managing redundancy for pregnant employees or those on maternity … Representation. Employees on maternity leave are not exempt from being dismissed or selected for redundancy in a genuine redundancy situation where there is no suitable alternative vacancy. Download the Acas guide to handling large-scale redundancies (PDF, 522KB, 64 pages). Tag: acas maternity redundancy. Holiday. This will not affect your employment rights, including your right to statutory redundancy pay. And the sooner you get help, the sooner you get redundancy right—guaranteed. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. The pregnant employee must still take at least 2 weeks' maternity leave after the baby is born. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. being offered an equivalent role so it would be helpful to get up to speed on that. Redundancy: selection process and informing and consulting. Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. for … I seem to recall you're also entitled to have someone with you in consultation meetings. Posted on January 10, 2018. See the Acas guidance on managing redundancy for pregnant employees or those on maternity leave. Under the Equality Act 2010 it is unlawful to discriminate against someone, or treat them unfairly, because of pregnancy or maternity. ... New Acas Guidance on Menopause and the Workplace Read More » If she is not offered that role and is subsequently made redundant, her dismissal is automatically unfair. Did you get the information you need from this page? We can forward your call to ACAS Now (Calls cost 7ppm your network access charge.) Unfair dismissal or detriment related to being pregnant or on maternity leave accounted for 1,900 tribunal cases in 2011-12. Unfair dismissal and discrimination claims in relation to redundancy are already common in employment tribunals. Posted on January 10, 2018. Employees on basic or additional maternity/adoption leave to whom redundancy applies are entitled to be offered any suitable alternative vacancy. For example, if you are on maternity or parental leave, and there is a genuine reason to make your role redundant, your employer must offer you suitable alternative work if they have it. Acas uses cookies to ensure we give you the best experience and to make the site simpler. Employees are entitled to 52 weeks' maternity leave. Acas said redundancy related calls shot up by 160% over the past two months when compared to the same period in 2019. 15 weeks before your baby is … Redundancy pay and SMP/SAP/ShPP. Redundancy during maternity leave. Once maternity leave starts, you must pay them maternity pay instead of sick pay. By Melissa Paz on 5 Oct 2010 in Maternity, Employment law, Redundancy. You are being included in all consultations, meetings and communications about redundancy; The selection criteria used for redundancy does not lead to the fact that you are on maternity leave, directly or indirectly.

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