Can I be made redundant while on maternity leave?
You can be made redundant, but only for a genuine reason — and you have enhanced protection. A genuine redundancy is lawful even on maternity leave if the role truly disappears and selection is objective and non-discriminatory. But since 6 April 2024, you have priority for any suitable alternative vacancy in the business: it must be offered to you ahead of other redundant colleagues, without competing, on terms that aren't substantially worse. This protected period runs from the start of pregnancy and, after maternity leave, for 18 months from the child's birth. If the real reason for the redundancy is your pregnancy or maternity, the dismissal is automatically unfair (no minimum service needed) and unlawful discrimination. In short: yes if genuine, but with priority and strong protection.
📋 The rules
- Genuine redundancy is lawful if the role really goes
- Priority for any suitable alternative vacancy
- Protected from pregnancy to 18 months from birth
- If the real reason is maternity: automatically unfair
- Discrimination claim has no minimum service requirement
🔓 Exceptions
- Genuine business closure is fair — priority can't create a job that doesn't exist
- You must have notified the employer of the pregnancy for early protection
- Northern Ireland isn't covered by the 2023 Act or 2024 Regs
⚠️ Penalties & fines
If a redundancy is really about pregnancy or maternity, it's automatically unfair and discriminatory. Statutory redundancy pay uses a weekly-pay cap of £751 from 6 April 2026, with a maximum statutory payment of about £22,530. For unfair dismissal, you can claim a basic award plus a compensatory award (capped at 52 weeks' pay or the statutory maximum). Discrimination compensation under the Equality Act is uncapped and includes an award for injury to feelings. Claims must be brought within 3 months less one day, after notifying ACAS. Beware a myth: "you can't be made redundant at all while on maternity leave" is false — you can be, if it's genuine and fairly selected; the law gives you priority for suitable vacancies and makes any maternity-related redundancy automatically unfair. (NI has separate rules and figures.) If selected: ask about suitable alternative roles and take advice within the 3-month limit.
📎 Official sources
- ACAS — redundancy protection for pregnancy and new parents →
- GOV.UK — redundancy pay →
- Maternity Action — redundancy during maternity leave →
❓ Frequently asked
Can I be made redundant on maternity leave?
Yes, you can be made redundant while on maternity leave, but only if it's a genuine redundancy with fair, non-discriminatory selection. You also have enhanced protection: priority for any suitable alternative vacancy. If the real reason for the redundancy is your pregnancy or maternity, the dismissal is automatically unfair and unlawful discrimination.
What is the priority for alternative jobs?
Since 6 April 2024, if you're at risk of redundancy during the protected period, any suitable alternative vacancy in the business, or an associated employer, must be offered to you ahead of other redundant colleagues. You don't have to apply or compete for it, and it must be on terms that aren't substantially less favourable.
How long does the protection last?
The protected period for priority over alternative vacancies runs from the start of your pregnancy, once you've told your employer, and continues for 18 months from your child's date of birth if you took maternity leave. Similar protection applies to adoption leave and to qualifying periods of shared parental leave.
When is a maternity redundancy unlawful?
A redundancy is automatically unfair, and amounts to discrimination, if the principal reason is your pregnancy, maternity, childbirth or taking maternity leave. It's also automatically unfair if a suitable alternative vacancy existed and wasn't offered to you during the protected period. These claims don't require any minimum length of service.
What can I claim if it was unfair?
You could claim unfair dismissal, with a basic award and a compensatory award, and pregnancy or maternity discrimination, which is uncapped and includes injury to feelings. Statutory redundancy pay uses a weekly cap of £751 from April 2026. Claims must usually be brought within three months less one day, after contacting ACAS for early conciliation.
🔎 Common searches
What people search to land here:
- “can i be made redundant on maternity leave”
- “maternity redundancy rights uk”
- “redundancy protection pregnancy 2024”
- “suitable alternative vacancy maternity”
- “automatically unfair dismissal maternity”
- “redundancy pay maternity leave”