# Can you be made redundant while on maternity leave?



## Winter08 (27 Jan 2009)

Hi, Just wondering how this would work? We have basically been told at work that there will be redundancies accross the board over the next 9 to 18 months... it is highly likely that I will be made redundant before the year is out. I am due to go on maternity leave in the next 3 months and wondered if I am not made redundant before then can I be made redundant while on maternity leave or do the company have to wait untill I return to make me redundant?
thanks


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## brazen_dude (27 Jan 2009)

Similar issue with my colleague and my company had to wait till she returned from maternity leave. I think you cant be made redundant while on maternity leave.


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## jhegarty (27 Jan 2009)

cheshirelass said:


> Hi, yes you can be made redundant whilst on maternity.
> 
> However, your company will have to follow procedure to the letter.  There is also extra protection in place for this sort of situation.
> 
> Google for the full information but one part to bear in mind is that you take priority over everyone else for any suitable alternative position.  They call this positive discrimination, but I would highly recommend you do a bit of research and make sure procedure is being followed.




That's wrong.

You can't be.

From ; http://www.entemp.ie/employment/redundancy/faq.htm#faq14

*13. Can an employee be made redundant while on Maternity Leave or on Additional Maternity Leave?*

 No. Notice of Redundancy (included in RP50) _cannot_ issue when a person is on Maternity Leave or indeed on Additional Maternity Leave. The Equality Authority are the experts on this and callers can be referred to them at (01) 4173333. (Lo Call – 1890 24


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## Ann1 (27 Jan 2009)

What happens if a company closes it doors for business as is happening quite often these days.


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## eggerb (28 Jan 2009)

jhegarty said:


> You can't be.
> 
> From ; http://www.entemp.ie/employment/redundancy/faq.htm#faq14
> 
> ...


 
Does this mean, however, that Notice of Redundancy *can* issue whilist an employee is pregnant but *before* she starts maternity leave? So, in effect, an employer could expedite the redundancy process and make an employee redundant before she starts maternity leave.


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## eggerb (28 Jan 2009)

Looks like this has already been answered here.


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## Winter08 (28 Jan 2009)

Hi All, thanks for your replies...... jhegarty thanks for that link, I think that answers my question.. 
eggerb, I do of course realise that I can be made redundant before my maternity leave date, simply being pregnant does not make me immune to redundancy. However, in my situation it is unlikely that the company will be in a position to make any of us redundant before my expected leave date as there is still a lot of work to be done and redundancies are contingent on parts of the company being sold off ... as and when parts are sold off they will let people go, so if they were to just let me go before my maternity leave date and nobody else then I think that would be a strong indication that I have been let go simply because I was pregnant in which case I would have a case against them from unfair treatment.


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