United Kingdom · employment

Can My Employer Make Me Redundant After Maternity Leave in the UK?

In the UK, an employer cannot make you redundant simply because you took maternity leave. Under legislation expanded in 2024, returning mothers have enhanced statutory protection against redundancy for up to 18 months from childbirth, including absolute priority for suitable alternative vacancies.

The Law on Post-Maternity Redundancy in the UK

In the United Kingdom, an employer can only make you redundant after maternity leave if there is a genuine business cessation or a genuine reduction in the requirement for employees carrying out work of a particular kind. Under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and the Maternity and Paternity Leave and Adoption Leave (Amendment) Regulations 2024, the protected period extends well past your physical return to work.

For employees returning from statutory maternity leave, this enhanced protection lasts for 18 months starting from the exact date of childbirth (or, where not notified before leave ends, 18 months from the expected week of childbirth). This means that even after you have resumed your duties, your employer is bound by heightened statutory duties under Regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 (MAPLE).

Under Regulation 10, if your substantive post is placed at risk of genuine redundancy, your employer cannot simply make you redundant if a suitable alternative vacancy exists across the organisation or any associated employer. You have an absolute right to be offered that role ahead of any other at-risk colleague, without being forced to interview, sit tests, or compete. Denying you that priority renders any resulting dismissal automatically unfair.

When a Post-Maternity Redundancy Is Unlawful

Employers frequently attempt to disguise maternity discrimination as commercial restructuring. Under Section 99 of the Employment Rights Act 1996, selecting an employee for redundancy for a reason connected to pregnancy, childbirth, or maternity leave is an automatically unfair dismissal. Furthermore, Section 18 of the Equality Act 2010 makes it unlawful to subject a woman to unfavourable treatment because she exercised her statutory right to maternity leave.

Unlike standard unfair dismissal claims, claims for pregnancy or maternity discrimination and automatic unfair dismissal have no minimum qualifying period of service—you are protected from day one of employment. Compensation for unlawful discrimination in an Employment Tribunal is uncapped and can include awards for injury to feelings and financial loss.

Courts scrutinise whether a vacancy genuinely existed. In cases such as Carnival Plc (t/a Carnival UK) v Hunter, the Employment Appeal Tribunal clarified that Regulation 10 requires an actual, unallocated vacancy to exist—it does not require an employer to 'bump' a colleague out of their existing job. However, if new roles are created, or merged roles arise from a restructure, placing you into competition rather than reallocating you directly violates Regulation 10.

How to Challenge HR and Take Control

If HR notifies you that your role is at risk, treat the process with immediate urgency. Employers often rely on returning mothers being too overwhelmed with childcare transitions to challenge unfair scoring matrices or sham rationales. You must insist in writing that the employer identify all open vacancies across the entire group structure and expressly confirm how they are applying their Regulation 10 obligations to your post-maternity protected status.

Be alert to strict statutory time limits: you have three months less one day from the effective date of dismissal (or the discriminatory act) to commence mandatory Early Conciliation with the Advisory, Conciliation and Arbitration Service (ACAS). Missing this deadline generally bars you from presenting a claim to an Employment Tribunal.

You do not have to accept unfair redundancy terms or sign away your rights blindly. You can use Caunsel to research the exact statutory provisions governing your situation, build and organise your evidence into a timeline, or connect with an independent employment solicitor to review your settlement agreement and redundancy terms.

Steps

• Formally assert your protected status in writing by notifying HR of your exact date of childbirth and stating that you fall within the 18-month statutory protection period under the Maternity and Paternity Leave and Adoption Leave (Amendment) Regulations 2024.
• Request written copies of all redundancy selection criteria, individual scoring breakdowns, and the full register of current and upcoming vacancies across the business and group entities.
• Invoke Regulation 10 of MAPLE in writing, demanding redeployment into any suitable alternative vacancy without being subjected to competitive interviewing or assessment centres.
• Submit a formal written grievance if your employer refuses to recognise your priority status, retains your maternity cover in your role, or applies criteria penalising your absence.
• Calculate your strict Employment Tribunal limitation date (three months less one day) and initiate ACAS Early Conciliation if your employer proceeds toward dismissal.

Common mistakes

• Assuming you are completely immune from dismissal: genuine site closures or complete department shutdowns can still result in lawful redundancy if no alternative roles exist.
• Agreeing to attend competitive interviews or complete assessments for suitable vacant positions when Regulation 10 entitles you to direct redeployment.
• Accepting redundancy while your maternity cover has been retained to do your substantive role under a different job title.
• Waiting for the internal redundancy appeal to conclude before contacting ACAS, which risks blowing past the strict three-month tribunal time limit.
• Signing a settlement agreement before having it reviewed by an independent solicitor, which waives your right to pursue discrimination claims.

Questions people ask

How long does redundancy protection last after I return from maternity leave in the UK?

Under the 2024 legal amendments, your redundancy protection lasts for 18 months from the exact date your baby was born. If you did not notify your employer of the birth date prior to your leave ending, it lasts for 18 months from the expected week of childbirth.

What happens if my employer gives my role to my maternity cover?

If your employer makes you redundant but retains your maternity cover (or absorbs your work into that person's contract under a slightly altered job title), this is a major indicator of a sham redundancy. It strongly suggests you were dismissed because of your maternity leave, giving rise to claims for automatic unfair dismissal and direct maternity discrimination.

Can my employer make me sit an interview for an alternative vacancy?

No. If you are within your protected period and an alternative vacancy exists that is suitable and appropriate for you on terms not substantially less favourable, Regulation 10 requires your employer to offer it to you directly. You cannot be forced to compete against other employees.

Do I need two years of continuous service to challenge redundancy after maternity leave?

No. While standard unfair dismissal claims require two years of continuous service, claims for automatic unfair dismissal under Section 99 of the Employment Rights Act 1996 and unlawful discrimination under the Equality Act 2010 are day-one statutory rights.

General information only, last updated 2026-10-09. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.