maternity redundancy case law

Print . HR Shared Services How to stay in touch with employees on maternity leave: Redundancy or reorganisation during maternity leave. People Analytics HR (General) Diversity & Inclusion Change Management ... You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature. Grounds for redundancy. HR Systems Privacy policy Performance & Engagement Wellbeing HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain rights to protect them from unfair treatment. An employee was on maternity leave when she was put at risk of redundancy. The case concerned Regulation 10 of the Maternity and Parental Leave Regulations 1999, which states that, if it is not practicable by reason of redundancy for an employer to continue to employ a woman on maternity leave, the employee is entitled to be offered (not just invited to apply for) a suitable available vacancy with her employer (or an associated employer). Employers should ensure that they have evidence of why they consider a new role is not “suitable and appropriate” and document their reasoning in case their decision is challenged. Change Management Employment Law Compensation & Benefits In its assessment of the employment tribunal’s decision, the EAT noted that the employment tribunal had made no finding as to why the email had been sent to the employee’s work email address or why she could not access the email in question. ). Learning & Development the work to be done must be both suitable for the woman and appropriate for her to do in the circumstances; and. Her employer had gone through a reorganisation and had announced a number of the new alternative roles within business. Jackson was on maternity leave when, along with a number of colleagues, she was put at risk of redundancy. HR Business Partner Apprenticeships A redundancy has not occurred if the employer has ended the employment within one month of the end of the apprenticeship. 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. This year is set … RSS feeds A case heard by the Employment Appeal Tribunal provides a useful reminder of the risks of discrimination claims if an employer neglects or ignores the position of staff on maternity leave. If you are being made redundant because you are on a maternity leave, the dismissal will be a maternity discrimination, which is unlawful under the law of Equality. HR Shared Services Employee Relations Occupational Health Archives. The employer notified the employee of various opportunities for redeployment but these were sent to her work email address. The EAT also confirmed that the question of the job’s suitability was one for the employer and there was no requirement that the employee be involved in this process. Handling the redundancy process if you have an employee who’s pregnant (or on maternity leave) is a difficult undertaking.. You must make sure you can justify your reasons for taking this action. Learning & Development Failure to employ with this regulation will give rise to an automatically unfair dismissal. Employee Relations Case law indicates that protecting a woman from such redundancy selection could give rise to sex discrimination claims from men who are included in the selection process. Big Law And Associate Layoffs: Sensible Cost Control Or A Misstep? Health & Safety Email Newsletters This is because you may be about to give birth or may have been out of the workplace for some time and you … If a pregnant employee is made redundant before commencing maternity leave can her employer pay her statutory maternity pay in one lump sum? HR Systems What counts as reasonable contact will of course depend on the particular circumstances. The statutory redundancy notice periods are: If you have been employed for 12 years or more, then you must be given 3 months’ notice. It also appeared to the EAT that the situation might simply have arisen due to an administrative error. Redundancy law - Case studies. In some cases, … This is unless you and the employee agree together to delay it (for example, for health and safety reasons). Where a redundancy will take effect before a woman goes on maternity leave is she entitled to preferential treatment with regard to being offered suitable alternative employment? The answer is no – not at the moment. In her claim, she argued that she should have been offered the new role in Cheltenham. Terms and conditions, • Employee Benefits In this post we look at five examples of successful Employment Tribunal claims for pregnancy and maternity discrimination that were made in the Employment Tribunal in 2017. the terms and conditions of her new job, including the capacity and place in which she is to be employed, must not be “substantially less favourable”. The employment tribunal found that the employee had been subjected to unfavourable treatment because she was exercising her right to maternity leave and that her treatment therefore constituted discrimination contrary to section 18(4) of the Equality Act 2010. Employee Benefits Connect The first case, Nicholls v Rockwell Automation Ltd, considered whether an Employment Tribunal was entitled to closely examine the scoring in a redundancy selection process in order to determine whether the dismissal was unfair. Employee Benefits Awards The employment tribunal held that Mrs Simpson had not been unfairly dismissed. What counts as reasonable contact will of course depend on the particular circumstances. Employment Law 1685 Hits. Once maternity leave starts, you must pay them maternity pay instead of sick pay. In this case, the fact that the new role was in a different location was sufficient to render it “substantially less favourable”, but one can envisage situations in which this might not be the case (eg, if the new location were more easily commutable). The EAT has held that an employee refusing to return to work following the end of her maternity leave amounted to her acceptance of a repudiatory breach. RSS feeds Redundancy during pregnancy If you have been made redundant because you are pregnant, you may be a victim of pregnancy discrimination which is an unlawful act under the Equality law. Does an employee made redundant while on maternity leave have any special rights? Even if the redundancy situation is genuine, a discrimination during the selection criteria will deem it as an unfair dismissal. Endsleigh accepted that the new position was suitable for Mrs Simpson, but argued that it was less favourable to her in relation to its terms and conditions – eg, she would have to relocate and do a seven day shift. This includes absent employees, such as those on maternity leave. As the EAT noted at the appeal stage, the delay of only a matter of days in the employee receiving the email did not disadvantage her – it is therefore unclear what level of compensation might be recoverable, whether in respect of financial loss or injury to feelings, if the claim is upheld. Freear v Vossloh Cogifer UK Ltd 1800747/2016. The recent case of Simpson v Endsleigh Insurance Services Ltd emphasises that, not only is this a misconception, but the right of a woman on maternity leave to suitable alternative vacancies is not automatic. 27 Nov 2020. Employers often believe that it is unlawful to make a woman redundant during maternity leave. Employers who wish to maintain discretionary redundancy schemes should make this clear in any policy and redundancy payments should be made on a variety of terms on a case-by-case basis. Where an employee on maternity leave is at risk of redundancy, she is entitled to be offered any suitable alternative vacancy available in priority over any other “at risk” employee. The EAT accepted that to send an important and urgent work message to an employee in an email which the employee cannot access for some reason amounted to unfavourable treatment “one way or another”. However, the employment tribunal’s decision was flawed in its approach to causation – the reason for the unfavourable treatment and whether it was the employee’s being on maternity leave and therefore discriminatory. Redundancies can, however, become further complicated in circumstances where the law affords the worker additional protections, such as if the employee is pregnant or on maternity leave. This gives the woman priority over other employees who are at risk of redundancy, … If this is the case, and an employee who has been selected for redundancy is on maternity leave, they have the right to be offered any suitable alternative job that is available, before any other employee. Payroll The EAT held that this was an incorrect approach and that the employment tribunal should have considered instead the “reason why” the unfavourable treatment had occurred in determining whether the employer’s actions were unlawfully discriminatory. It may seem easier to let someone go if they are already absent from work. However, if it’s essential due to the coronavirus pandemic (or for other … Recruitment & Resourcing OH&W subscriptions The recent case of SW Yorkshire Partnership NHS Foundation Trust v Jackson is a reminder to employers of the potential dangers of treating those employees on maternity leave unfavourably during the course of a redundancy consultation exercise. You should also not be selected for redundancy based on factors related to your pregnancy and/or leave. Carley Kerrs-Walton – Employment "Carley was superb at taking my brief, understood everything I was asking and gave me a very in-depth assessment of where I stood legally. Categories. 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