Acas, in conjunction with the Equality and Human Rights Commission, has recently published a Good Practice Guide entitled “Managing Redundancies for Pregnant Employees or those on Maternity Leave.”
A copy of this can be found on the Acas website at:
The guide confirms that:
- Employers cannot treat an employee less favourably because she is pregnant or on maternity leave;
- Employers should not select an employee for redundancy because of her pregnancy or maternity leave; and
- In a redundancy situation, an employee on maternity leave has the right of first refusal to any suitable and appropriate alternative vacancies.
Pregnant employees and those on maternity leave can be fairly selected for redundancy provided that there is a genuine redundancy situation and appropriate consultation and selection processes take place.
The Acas document details guidance on how to consult with employees who are on maternity leave. It gives practical examples and seeks to bust a number of myths about managing pregnancy and maternity at work.
To discuss this or any other employment law issue get in touch at contact@integralegal.co.uk