Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
You will have certain rights if a redundancy situation arises during your maternity leave. The law says that if "it is not practicable by reason of redundancy" for the employer to continue to employ you under your existing contract, you are entitled to be offered a suitable alternative vacancy (where one is available) to start immediately after your existing contract ends (regulation 10, MPL Regulations).
The new contract offered must be such that:
In effect, this gives you priority to be offered suitable alternative work over other employees who are also at risk of redundancy. If the employer does not comply with this requirement, you are likely to have a claim for automatically unfair dismissal and potential sex discrimination.
In addition, the employer is obliged to consult with you over the proposed redundancy and discuss reasons behind the redundancy, what options there are for you, etc. Failure to consult can also make the dismissal unfair.
So these are factors that would make you have a potential claim against the employer and allow you to challenge the redundancy. You may bring these up to try and negotiate an increased settlement but if that is refused you may wish to consider making the claims to pursue your rights that way.
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