Made Redundant During or After Maternity Leave? What Happens Next?
Being told your role is at risk of redundancy is difficult at any time.
Hearing it during maternity leave or shortly after returning can feel especially unsettling.
You may already be adjusting to a completely different stage of life.
You may be planning childcare.
You may be preparing to return to work…
You may be worried about income.
Then suddenly your job feels uncertain too.
The important thing to know is that being on maternity leave does not make you immune from redundancy.
But it does give you additional protections.
And those protections can continue after maternity leave has ended.
If you are facing redundancy during or after maternity leave in the UK, this is what you need to understand.
YOU CAN STILL BE MADE REDUNDANT DURING MATERNITY LEAVE
Maternity leave does not prevent genuine redundancy.
An employer may still make roles redundant because of reasons such as:
• Restructuring
• A workplace closing
• Reduced demand
• A change in how work is organised
• A genuine reduction in the number of roles needed
But the redundancy must be genuine.
You cannot lawfully be selected for redundancy because you are pregnant, because you took maternity leave or because you requested flexible working to care for your child. Acas confirms that dismissal because of pregnancy or maternity can amount to automatically unfair dismissal and discrimination. Acas
YOU HAVE EXTRA REDUNDANCY PROTECTION
Employees who are pregnant or taking maternity leave have additional protection when suitable alternative vacancies exist.
If you are selected for redundancy and there is a suitable alternative vacancy available, your employer must offer it to you as a priority.
You should not have to compete for it in the normal way against colleagues who do not have the same protected status. Acas
This is one of the most important protections to understand.
It does not guarantee that another job will exist.
But if a suitable role is available, you may have priority for it.
YOUR PROTECTION CAN CONTINUE AFTER MATERNITY LEAVE
The protection does not necessarily stop on the day you return to work.
For employees covered by the current rules, the protected period can continue until 18 months from the exact date the baby was born.
If the employer does not know the exact birth date, the period may instead be calculated from the expected week of childbirth. Acas
That means you could return to work after maternity leave and still have additional redundancy protection for a period afterwards.
For example, if you return when your baby is 12 months old, you may still have protection for roughly another six months.
PROTECTION DOES NOT MEAN YOU CAN NEVER BE SELECTED
This is an important distinction.
The rules do not automatically remove you from a redundancy selection process.
If an employer genuinely needs to reduce the number of existing roles, you may still be included in a fair selection process alongside other employees. Acas
The additional protection becomes particularly important when suitable alternative vacancies exist.
If one is available and you are within the protected period, the employer must consider the special priority rules.
WHAT COUNTS AS A SUITABLE ALTERNATIVE JOB?
A suitable alternative role should be appropriate for you.
Factors can include:
• How similar the work is
• Your skills and experience
• Pay
• Benefits
• Status
• Hours
• Location
• Your personal circumstances
A role that is dramatically more junior, significantly lower paid or based somewhere impractical may not necessarily be suitable. GOV.UK
The exact answer depends on the circumstances.
YOU SHOULD NOT HAVE TO APPLY FOR THE SUITABLE ROLE
If a suitable alternative vacancy exists and you have the relevant redundancy protection, the employer should actually offer it to you.
You should not normally be expected to go through the same competitive recruitment process as employees without that priority protection. Acas
That is different from simply being told:
“There are some vacancies on our careers page if you would like to apply.”
If a suitable alternative vacancy exists, the employer has specific obligations.
THE OFFER SHOULD BE CLEAR
A valid offer of suitable alternative employment should be made before your existing contract ends.
Government guidance also states that it should be unconditional and in writing, explain how the new job differs from the old one and start within four weeks of the old role ending. GOV.UK
Make sure you understand exactly what is being offered.
Look at:
• Salary
• Hours
• Location
• Seniority
• Responsibilities
• Working pattern
• Benefits
Do not assume two jobs are equivalent simply because they have similar titles.
YOU CAN HAVE A TRIAL PERIOD
If you accept suitable alternative employment, you normally have a four week trial period.
This gives you an opportunity to see whether the new role is genuinely suitable.
The trial period may be extended where training is required, provided that extension is agreed appropriately. GOV.UK
If you decide during the trial that the role is unsuitable, that does not automatically remove your redundancy rights.
But get advice before rejecting a role because refusing suitable alternative employment without a good reason can affect your entitlement to statutory redundancy pay.
BE CAREFUL BEFORE REFUSING AN ALTERNATIVE ROLE
You are not required to accept any job your employer puts in front of you.
But if the job is considered suitable and you unreasonably refuse it, you may lose your entitlement to statutory redundancy pay. GOV.UK
So do not make the decision quickly.
Look at the differences carefully.
Ask questions.
Get the terms in writing.
If necessary, take advice before responding.
YOUR MATERNITY LEAVE SHOULD NOT COUNT AGAINST YOU
A fair redundancy selection process should not disadvantage you because you have been away on maternity leave.
For example, employers should be careful with criteria such as attendance, recent performance or sales results where maternity absence could distort the picture.
Selection criteria should be objective and supported by evidence. Acas advises employers to use fair criteria and highlights the additional protections that apply to pregnant employees and new parents. Acas
If your score seems unusually low because you were not physically at work during maternity leave, ask how it was calculated.
YOU SHOULD STILL BE INCLUDED IN CONSULTATION
Being on maternity leave should not mean being forgotten during a redundancy process.
You should still receive relevant information and have an opportunity to participate in consultation.
That may need to happen differently while you are away from work.
For example, meetings might take place remotely or at a time that works around childcare.
The important thing is that you are not excluded simply because you are on maternity leave.
ASK WHY YOUR ROLE HAS BEEN SELECTED
You are entitled to understand what is happening.
Useful questions include:
• Why is my role at risk?
• What is the redundancy pool?
• What selection criteria are being used?
• How have I been scored?
• How has maternity leave been accounted for?
• What alternative vacancies exist?
• What happens next?
Do not be afraid to ask for explanations in writing.
A clear paper trail can be useful if something later does not make sense.
KEEP COPIES OF IMPORTANT DOCUMENTS
Keep records of:
• Redundancy letters
• Meeting invitations
• Consultation notes
• Selection scores
• Job descriptions
• Alternative role offers
• Emails
• Your maternity leave dates
• Your baby’s date of birth
If there is a disagreement later, having the documents together makes it much easier to understand what happened.
WHAT IF YOU HAVE ALREADY RETURNED TO WORK?
You may still be protected.
Returning from maternity leave does not automatically end the special redundancy period.
As explained above, protection can continue until 18 months after the birth where the relevant conditions are met. Acas
So if redundancy is announced a few months after you return, do not assume you have lost all maternity related protection.
Check the dates.
YOU ALSO HAVE RIGHTS WHEN RETURNING FROM MATERNITY LEAVE
Your right to return depends partly on how much maternity leave you have taken.
If you take 26 weeks or less, you would normally have the right to return to the same job.
If you take more than 26 weeks, you would normally return to the same job unless there is a genuine reason why that is not reasonably practicable.
In that situation, you should be offered a suitable alternative role on terms that are no worse. Acas
That is separate from redundancy protection, although the two issues can sometimes overlap.
WHAT ABOUT REDUNDANCY PAY?
If your employment actually ends because of redundancy, you may be entitled to statutory redundancy pay if you meet the qualifying requirements.
Your employer may also offer enhanced redundancy terms.
Check:
• Your contract
• Staff handbook
• Redundancy policy
• Any enhanced scheme
Do not assume statutory redundancy pay is the only payment available.
You may also need to consider notice pay, unused holiday and any other contractual payments due.
YOU MAY GET TIME OFF TO LOOK FOR ANOTHER JOB
If you have at least two years of continuous employment by the time your notice period ends, you may be entitled to reasonable time away from work to look for another job or arrange training.
There is a limit on how much of that time the employer is legally required to pay. GOV.UK
If you are returning from maternity leave and immediately facing redundancy, this can be worth knowing.
DO NOT RUSH INTO THE FIRST JOB YOU SEE
Redundancy can create urgency.
Add childcare costs and maternity leave into the mix and it can feel as though you need to secure another role immediately.
Try to avoid panic applying.
Think about what you actually need now.
That may include:
• Part time hours
• Remote work
• Flexible start and finish times
• A shorter commute
• Better parental policies
• A different industry
• More reliable progression
You are already dealing with a major change.
If possible, use the opportunity to think carefully about what would make your next role sustainable.
UPDATE YOUR CV BEFORE YOU NEED IT
If redundancy is being discussed, start preparing.
Update:
• Your CV
• LinkedIn profile
• Recent achievements
• Training
• Professional contacts
• References
Do not wait until your final day.
You may not ultimately be made redundant, but being prepared gives you more options.
USE YOUR NETWORK
Let trusted contacts know you may be looking.
Former colleagues, managers, recruiters and professional contacts can all be useful.
You do not need to make a dramatic announcement.
A simple message explaining the kind of role and flexibility you are looking for can start useful conversations.
DO NOT ASSUME THE CAREER BREAK MAKES YOU A WEAKER CANDIDATE
You may have been away from work for months.
That does not erase everything you did before maternity leave.
Your experience still counts.
Your achievements still count.
Your professional judgement still counts.
If redundancy forces you into an unexpected job search, lead with what you can offer.
Do not build your entire application around explaining maternity leave.
CHECK THE WORKING PATTERN BEFORE ACCEPTING SOMETHING NEW
The pressure to replace lost income can make any job offer feel attractive.
But if the hours clash with childcare or the commute is unmanageable, the problem may simply reappear a few months later.
Before accepting, understand:
• Working hours
• Remote arrangements
• Office expectations
• Flexibility
• Travel
• Childcare implications
The next role needs to work in real life.
IF THE PROCESS FEELS WRONG, GET ADVICE QUICKLY
If you believe your maternity leave influenced your selection, you were denied a suitable alternative vacancy or the process appears discriminatory, seek advice early.
Acas can provide guidance on employment rights and redundancy.
Employment tribunal claims also have strict time limits, so this is not something to leave for months if you think your rights may have been breached. Acas
THE BOTTOM LINE
Yes, you can be made redundant during maternity leave or after returning to work.
But your employer still has to follow a fair process.
And if you are within the protected period, you have additional rights.
That protection can extend until 18 months after your baby’s birth.
If a suitable alternative vacancy exists, you may have priority for it.
Your maternity leave should not be used against you in redundancy selection.
And if something about the process does not look right, ask questions and get advice early.
Redundancy maternity leave UK rules can feel complicated, particularly when you are already dealing with the practical and emotional demands of returning to work.
Know your rights.
Keep records.
Ask for clear explanations.
And if redundancy does happen, remember that losing one role does not erase the career you built before maternity leave or the value you can bring to the next one.