Redundancy and Maternity Leave
In Ireland, an employee’s position cannot be made redundant while on maternity leave. It is protected leave and notice for genuine redundancy can only run before leave starts or after it ends, with selection based on fair, objective criteria, not pregnancy. If selected unfairly, claims can go to the Workplace Relations Commission (WRC) for remedies like reinstatement or compensation.
Key Rules for Maternity Leave & Redundancy
- No Redundancy During Leave: An employer can’t notify an employee of redundancy during maternity leave. The job must be kept open until the employee returns from maternity leave. There is a view held in certain quarters that it is possible to notify an employee on maternity leave while the employee is on maternity leave. This is foolish in my opinion.
- Genuine Reason Required: Any redundancy must be for a genuine business reason (restructuring, etc.), not because the employee is pregnant.
- Protected Period: Protections extend to pregnancy and maternity leave, with employers needing to follow fair selection processes.
What if You’re Affected?
- Claim to the WRC: You can bring a claim to the Workplace Relations Commission for unfair dismissal or discrimination within 6 months (extendable to 12 months for good reason).
- Potential Remedies: The WRC can order reinstatement, re-engagement, or compensation (up to 2 years’ pay).
Maternity Leave is Protected Leave so proceed with extreme caution.