acas maternity redundancy

If your employee told you they wanted to start maternity leave the day after the birth, you do not need to change anything. Acas has published useful guidance on managing redundancy for employees who are pregnant or on maternity leave. This website and any 0843 telephone numbers therein are operated by e-Call Connect Ltd and is not affiliated with, or operated by, any organisation listed on this site. There is also a guide setting out your entitlement to redundancy pay, notice, time off to find a new job. Redundancy while working prior to maternity leave starting. Making employees on maternity leave redundant. Redundancy: selection process and informing and consulting. Yes. Call 0800 389 0286 now for peace of mind. But I would recommend speaking to ACAS for advice - there are a number of rules around redundancy for someone on maternity leave e.g. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. The guidance has a useful check list for managing the redundancy … Redundancy during pregnancy and Statutory Maternity Pay. If you do not offer a woman on maternity leave a suitable alternative job because she cannot start the job immediately, this would be maternity discrimination. The employee still has their maternity leave and pay rights if the baby: If the employee is eligible for parental bereavement leave and pay, they have the right to take this after they finish their maternity leave. Editor: If you have been singled out for redundancy due to maternity leave that woud be discrimination plus they would need to prove that your job is genuinely redundant. ACAS will help you try to resolve it initially through ‘early conciliation’ with your employer. They have this right from the day they start the job. (It is a rare example of lawful positive discrimination.) If you like, you can tell us more about what was useful on this page. The new contract must be suitable and appropriate and conditions must not be substantially less favourable than the previous contract. 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 our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). What if there is a redundancy situation during maternity leave? Your employer has the right to a reasonable amount of contact with you during your maternity leave. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Managing your employee's maternity leave and pay, Please tell us why the information did not help, I cannot find the information I'm looking for. It describes the law on this area, and usefully applies it directly to scenario`s that may … Posted on January 10, 2018. Acas Helpline. Coronavirus (COVID-19): latest advice for employers and employees. It describes the law on this area, and usefully applies it directly to scenario`s that may … If you like, you can tell us more about what was useful on this page. The rules applies even if the woman on maternity leave is not the best candidate. By Charles Wynn-Evans on 29 Mar 2019 in Maternity, Latest News, Case law, Redundancy. This short handbook provides a useful checklist to ensure that employers manage the process fairly. Please do not include any personal details, for example email address or phone number. If you work more than 10 KIT days, your maternity leave and pay automatically end by law. pregnancy or maternity leave. SPL allows leave to be used more flexibly between the pregnant employee and their partner. Acas uses cookies to ensure we give you the best experience and to make the site simpler. This short handbook provides a useful checklist to ensure that employers manage the process fairly. Editor: If you have been singled out for redundancy due to maternity leave that woud be discrimination plus they would need to prove that your job is genuinely redundant. Our UK-based redundancy specialists are here for you 24/7, offering you free advice based on the Acas Code of Practice. And the sooner you get help, the sooner you get redundancy right—guaranteed. This has lead Acas and the EHRC to publish a new guide, Managing redundancy for pregnant employees or those on maternity … If there may be 20 or more employees ‘at risk’ of redundancy, additional procedures and certain timescales apply. You must consult any employees who are on maternity leave. #AskAcas on Twitter. The poll found that: 6 out of … If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. You should have had something in writing and been asked to come in for consultation meetings, as i am sure your collegues who are not on Maternity Leave did. If they have a good reason not to give this notice (for example, it's late in the pregnancy), you would both need to agree this date. Performance management. This includes bank holidays. Redundancy. The guidance below is given on the assumption that there are fewer than 20 employees to be made redundant. Disputes and problems at work. By Melissa Paz on 5 Oct 2010 in Maternity, Employment law, Redundancy. Genuine redundancy on maternity leave: how to tell if it’s discrimination or valid You could be breaking discrimination law if you do this. Employees on maternity leave currently receive additional protection in redundancy situations. They just need to tell you the date they give birth, so that they start their compulsory maternity leave from then. ... New Acas Guidance on Menopause and the Workplace Read More » This is unless you and the employee agree together to delay it (for example, for health and safety reasons). As part of the redundancy process there should be a consultation and you should be able to put these points to them and ask them why your role in particular has been chosen for redundancy. Download our guide to redundancy rights when pregnant or on maternity leave (PDF, 299KB, 13 pages). If it's shorter notice, the new date must be agreed by both of you. • Redundancy • Appeals • Maternity • Holiday pay • Mediation. Workers will not be on a fixed term contract if they: have a contract with an agency rather than the company they are working for; are on a work experience placement as a student or trainee; are on a 'contract of apprenticeship' are a member of the armed forces. Charles Wynn-Evans outlines how … Using the ACAS recommended redundancy plan structure, here are some points to consider that will help manage each stage of the redundancy planning process. The pregnant employee must still take at least 2 weeks' maternity leave after the baby is born. Neurodiversity in the workplace. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Under the Equality Act 2010 it is unlawful to discriminate against someone, or treat them unfairly, because of pregnancy or maternity. Pregnancy or maternity is never a valid reason to dismiss someone. You still build up your holiday entitlement as normal during maternity … How an Employment Law Solicitor at Martin Searle Solicitors obtained compensation for a woman unfairly selected for redundancy due to maternity discrimination. 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. See the Acas guidance on managing redundancy for pregnant employees or those on maternity leave. Your employee's maternity leave, pay and other rights, How and when they must tell you they're pregnant, Discrimination because of pregnancy or maternity, If they’re ill or having a difficult pregnancy, Find out more about Shared Parental Leave, managing redundancy for pregnant employees or employees on maternity leave, different pregnancy and maternity rights for agency workers, Their leave, pay, redundancy and dismissal rights, is stillborn after the 24th week of pregnancy, how it happens (for example, whether any urgent communication can be emailed to a friend or family member for a limited time), discuss with your employee whether they'll take their holiday leave before or after  maternity leave, keep an up-to-date note or other record of what's agreed, check the redundancy is genuine and necessary, use redundancy selection criteria that do not discriminate. If the employee is off work because of a pregnancy-related illness within 4 weeks of the date the baby is due, maternity leave begins automatically. It’s up to you to agree with your employer: It still counts as a full KIT day even if you only work part of it (for example a half day). Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas's helpline. The right to request flexible working . Get in touch any time, any day, and as often as you like for free redundancy advice. If your employee is dismissed while pregnant (for example, as a result of disciplinary action), you must give them the reasons in writing. You must not discourage the employee from taking all their maternity leave. Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. This means you could return to work with a lot of holiday to take. 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). 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. If the baby's arrival is unexpected or traumatic, you might be told about it from someone other than the employee (for example, a member of their family). That is, the employee will be dismissed and will not receive a redundancy payment. Search for: Pages. Unfair redundancy if you’re on maternity leave. Find out more about Shared Parental Leave. Tools, Templates and Resources. Before submitting a claim, a prospective claimant must contact Acas, which will attempt to resolve the dispute. 15 weeks before your baby is … ACAS, in association with the Equality and Human Rights Commission, has recently published a Good Practice Guide on Managing Redundancy for Pregnant Employees or those on Maternity Leave. ... Acas early conciliation period extended. Stock photo. Coronavirus (COVID-19): latest advice for employers and employees. In response to the need for information on this topic, ACAS, in partnership with the Equality and Human Rights Commission, has published new guidance entitled ‘Managing redundancy for pregnant employees or those on maternity leave’. … Employers that fail to fulfil these obligations could face pregnancy and maternity discrimination claims. Be suitable and appropriate and conditions must not discourage the employee from taking all their maternity leave automatically... 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