# Can you be made redundant while on maternity leave



## pinkyBear (6 Dec 2007)

Hi there,
A friend of mine was recently made redundant while on maternity leave. This was a very sudden thing - in that no one was aware that this was going to happen. Is this legal?
I am afraid I cannot go into too much detail..Just in case


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## ninsaga (6 Dec 2007)

The answer is yes but depending on the circumstances of course


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## ACA (6 Dec 2007)

Was she the only one? I am open to correction but, I thought that redundancy only occurred if the job you were doing no longer existed, (for whatever reason, firm gone bust, downsizing etc). If that isn't the case then I would have thought that she had grounds to appeal.


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## Stifster (6 Dec 2007)

The thing about being on maternity is that it doesn't give you more protection just the same protection as other employees.


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## ClubMan (6 Dec 2007)

Well according to the _DETE Employment Rights Section:_

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 55 45).


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## nesbitt (7 Dec 2007)

we experienced this very situation in 2004, we took it all the way to tribunal, 25% of our award went on legal fees but the pay out was still good. Making some one redundant in maternity leave is legal, believe it or not but we proved that it was a constructive dismissal etc. Phone solicitor that does employment law. They will usually talk through details by phone and will be interested because usually the case is clear cut. Citizens advice also do local free advice one evening a week, phone and make an appointment. good luck


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## ClubMan (7 Dec 2007)

nesbitt said:


> Making some one redundant in maternity leave is legal, believe it or not


Are you saying that the _DETE _info above is wrong?


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## ubiquitous (7 Dec 2007)

My understanding is that both Nesbitt and the DETE info are correct, ie

- It is apparently quite legal to make someone redundant while they are on maternity leave (subject to terms & conditions of course)

- That said, it is illegal to issue the formal Notice of Redundancy to  someone until their maternity period expires. What happens in that situation is that the formal notice is issued immediately once the maternity period expires. The date of redundancy is recorded for official purposes as the date the maternity period expires.


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## MugsGame (7 Dec 2007)

Perhaps it's possible to be selected for redundancy and receive an RP50 post-dated to coincide with the end of your maternity leave.


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## aircobra19 (7 Dec 2007)

My understanding is that if they haven't been issued notice before you leave starts, they have to wait till it finishes to issue you notice. How it done is important. If its only the person on leave being made redundant, that is very different to a whole office being made redundant etc. Basically you can't be treated differently.


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## Towger (7 Dec 2007)

I have seen case were a multinational pulling out of Ireland, had to kept on a HR/Payroll employee just to pay the employees on maternity Leave. Once their leave was finished they were made redundant.


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## nesbitt (7 Dec 2007)

Nope not saying the DETE are wrong, just grey area information.

You can be made redundant the day you return to work...... this is legal.


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## nesbitt (7 Dec 2007)

It is very important that this lady does not accept any redundancy payment that may be made to her, if so this could effect outcome in court should she choose to go that route. What one needs to prove is that this is not in fact a redundancy but a constructive dismissal (veiled sacking).Get legal advice.


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