# Being made redundant whilst on maternity leave - entitlements



## Agesa (14 Mar 2014)

Hi, I am hoping that I can get some advice. I am due to go out on maternity leave soon but know that I will be made redundant soon after that. The area I work in is going to go in July but I will be maternity leave by then (some departments will be gone from May). The company is closing down. I have been told that the company will give me the maternity benefit I would have been entitled to in a lump sum together with the redunancy package. They have told me they have to issue me with a p45 even though I will be on maternity leave and so will not have additional service or holidays accrue while on leave as the company won't be here when I would normally have expected to have returned to work (approx 9 months). By then I would have an additional year of service built up. Firstly, is it correct that I am not entitled to an additional year of service as I am being made redundant during maternity leave and secondly will I be heavily hit by tax on the maternity benefit lump sum they want to give me. Thank you.


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## astjan (14 Mar 2014)

Isn't that illegal to make someone redundant while on maternity leave?


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## huskerdu (14 Mar 2014)

astjan said:


> Isn't that illegal to make someone redundant while on maternity leave?
> 
> Sent from my HTC One using Tapatalk



It is illegal to unfairly single someone out for redundancy due to the fact that they are on maternity leave or pregnant. You can get made redundant on mat leave if you are being treated the same as others, but the redundancy is supposed to start when the mat leave ends. 

 Here is a quote from www.citizensinformation.ie

 Just to clarify - is the entire company closing, or just your department

*Can I be made redundant if I am on maternity leave?
*No, you may not be made redundant while on maternity leave or additional maternity leave. You may be made redundant when you return to work or while you are pregnant before you go on maternity leave. However if you are selected for redundancy because you are pregnant, you may qualify to bring a claim for unfair dismissal. Selection for redundancy based on certain grounds such as pregnancy is considered unfair under the unfair dismissals legislation.


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## Agesa (14 Mar 2014)

Hi, the operation in Ireland is closing and the company is moving the business to a sister company in the UK.


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