Did you get the information you need from this page? 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). 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. Yes, the Equality and Human Rights Commission and ACAS have produced guidance for employers and employees on managing redundancies for pregnant employees and those on maternity leave. It describes the law on this area, and usefully applies it directly to scenario`s that may … I seem to recall you're also entitled to have someone with you in consultation meetings. ACAS Guidance on Maternity Rights and Redundancy. Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. 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. Even if your workplace has a policy about who should contact you, it's a good idea to be flexible and understanding in these circumstances. Please do not include any personal details, for example email address or phone number. Acas said redundancy related calls shot up by 160% over the past two months when compared to the same period in 2019. It will also seek views on giving the same rights to parents returning from adoption leave and shared parental leave. Unfair dismissal or detriment related to being pregnant or on maternity leave accounted for 1,900 tribunal cases in 2011-12. You should be as understanding and supportive as possible in these circumstances. Employers that fail to fulfil these obligations could face pregnancy and maternity discrimination claims. Charles Wynn-Evans outlines how … Search for: Pages. Before you go on maternity leave, it’s a good idea to agree with your employer when you’re going to take your holiday. Our UK-based redundancy specialists are here for you 24/7, offering you free advice based on the Acas Code of Practice. This short handbook provides a useful checklist to ensure that employers manage the process fairly. They have this right from the day they start the job. 15 weeks before your baby is … If you like, you can tell us more about what was useful on this page. Did you get the information you need from this page? Posted on January 10, 2018. Redundancy: selection process and informing and consulting. 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. Disputes and problems at work. Search for: Pages. If you work more than 10 KIT days, your maternity leave and pay automatically end by law. Your employer has the right to a reasonable amount of contact with you during your maternity leave. Holiday. Employees on maternity leave currently receive additional protection in redundancy situations. You have an automatic right to be offered any suitable and appropriate vacancy (where one is available) before it is offered … Checking your pregnancy and maternity rights, Download our guide to redundancy rights when pregnant or on maternity leave, if they're planning redundancies or reorganisation, what else you’d like to hear about, for example staff bulletins or news on social events, how you’d like to communicate, for example by email, phone or keeping in touch (KIT) days. If they work in a factory, they must take at least the first 4 weeks following the birth. 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). Our survey results indicated that our members were most likely to be aware of the Acas guidance on pregnancy and maternity discrimination, with 88% (72 people) saying this. Coronavirus (COVID-19): latest advice for employers and employees. 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. Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas’ helpline. And the sooner you get help, the sooner you get redundancy right—guaranteed. 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. pregnancy or maternity leave. The strict protections in place for those going through pregnancy and maternity are designed to prevent discrimination against parents. Recruitment Should a job applicant tell the employer she is pregnant? ACAS will help you try to resolve it initially through ‘early conciliation’ with your employer. You still build up your holiday entitlement as normal during maternity … Employees at risk must reply in writing to accept or reject the offer. 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. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. 24/7 TUPE Advice \Free for Employers; About Employers Direct; ACAS … Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas’ helpline. Unfair dismissal and discrimination claims in relation to redundancy are already common in employment tribunals. Unfair redundancy if you’re on maternity leave. This means the pregnant employee could end maternity leave early. Genuine redundancy on maternity leave: how to tell if it’s discrimination or valid Managing redundancy for pregnant employees or those on maternity leave 2 About Acas – What we do Acas provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. 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. You still build up your holiday entitlement as normal during maternity leave. If it's shorter notice, the new date must be agreed by both of you. We cannot respond to questions sent through this form. 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. Free Acas employment law advice for employers. For further information, the Equality and Human Rights Commission in partnership with Acas have produced a guide which is publicly available online. You must not discourage the employee from taking all their maternity leave. Acas Yorkshire and Humber – The Cube, 123 Albion Street, Leeds, LS2 8ER. You must consult any employees who are on maternity leave. Dos and don’ts: applying selection criteria for performance That is, the employee will be dismissed and will not receive a redundancy payment. 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. Neurodiversity in the workplace. 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. Once maternity leave starts, you must pay them maternity pay instead of sick pay. You cannot take holiday during maternity leave as this would end your maternity leave and pay. Working hours. ... covering for maternity leave. 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). Avoid compulsory redundancies ; Before any compulsory redundancy proposals are made can the organisation consider other ways of working to reduce costs. They just need to tell you the date they give birth, so that they start their compulsory maternity leave from then. But they must take at least the first 2 weeks following the birth. It has issued updated advice for employers that may be considering making roles redundant, encouraging them to consider alternatives such as more flexible ways of working, compressed hours or job shares. Redundancy during pregnancy and Statutory Maternity Pay. Under Regulation 10 of the Maternity and Parental Leave etc. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Your employee must give you 28 days' notice if they want to change their maternity leave start date. As you are on Additional Maternity Leave, there may be an issue there about whether or not your employer should actually select you for redundancy. It’s against discrimination law for your employer to make you redundant just because you’re pregnant or on maternity leave. Publications. 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’. If you want to make a claim there is a strict time limit and you should contact ACAS on 0300 123 11 00 within three months (less one day) from the date of dismissal or act of discrimination. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Redundancy during pregnancy (consultation about redundancy, the selection process, suitable alternative work) A redundancy situation is where there is either a closure of the business (or particular workplace) or a reduced need for employees to do work of a particular kind. 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. Yes. This will not affect your employment rights, including your right to statutory redundancy pay. The pregnancy or maternity must not be part of the reason to make them redundant – you might be breaking discrimination law if it is. If you are on maternity leave, adoption leave, paternity leave or shared parental leave and you are at risk of redundancy, you have special protection. If an employee on maternity leave has worked for their employer for at least two years, they will be entitled to statutory redundancy pay. We can forward your call to ACAS … 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. Helpful advice. If you need to discuss work-related matters with the employee, you could arrange with someone else (for example, a friend or family member): You could also offer more time off or a phased return to work. Call 0800 389 0286 now for peace of mind. Making employees on maternity leave redundant. The new contract must be suitable and appropriate and conditions must not be substantially less favourable than the previous contract. A free consultation could answer a lot of your questions on how to manage redundancy and make sure you avoid claims for unfair dismissal. To get employers redundancy help, call Employers Direct now on 0800 144 4050. Government intends to extend this protection for … Currently, the Advisory, Conciliation and Arbitration Service (ACAS) helpline receives 15,000 calls a year from employers and employees seeking advice on pregnancy or maternity and redundancy issues. With many employers having to make large-scale redundancies often with little warning as a result of coronavirus, will tribunals be inundated with these claims in the next few years? ACAS Guidance on Maternity Rights and Redundancy. 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. 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 describes the law on this area, and usefully applies it directly to scenario`s that may … These are called keeping in touch (KIT) days. We have a The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). 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. A consultation proposes that the existing legal protection against redundancy for pregnant women and new mothers on maternity leave is extended so that it continues for up to six months after they return to work. ... Acas early conciliation period extended. We can forward your call to ACAS Now (Calls cost 7ppm your network access charge.) Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas's helpline. Redundancy. Holiday leave and maternity leave cannot be taken at the same time. What if there is a redundancy situation during maternity leave? Go to www.acas.org.uk. The pregnant employee must still take at least 2 weeks' maternity leave after the baby is born. There are different pregnancy and maternity rights for agency workers. Plus, we only give advice to employers, so you know we have your business’s best interests at heart. 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