One mother spent her maternity leave expecting a redundancy email that never came. She was safe in the end, but the worry took up space every week. Another woman is afraid to ask a prospective employer about parental leave because the question itself might be read as a plan to have a baby. These are familiar calculations: can I afford to move, can I afford to stay, and what happens if I become pregnant here?
If redundancy is on your mind, it helps to separate what an employer can do from what they must do fairly. This guide covers employees in England and Wales. Your contract, workplace policy and circumstances can add important detail.
Can I be made redundant while pregnant or on maternity leave?
Yes, if the redundancy is genuine and the employer follows a fair process. Pregnancy or maternity leave cannot be the reason you are selected. An employer cannot simply replace you permanently with your maternity cover and call your job redundant. Being on leave does not mean you can be left out of consultation or overlooked for vacancies. Acas explains fair selection, and its maternity leave guidance says employers must tell people on leave about redundancies and reorganisations that affect them.
The timing alone does not prove discrimination. It is reasonable, though, to ask why the work has reduced or disappeared, who else is affected, and how the decision was reached.
What extra protection applies?
For an employee who notified the employer of pregnancy on or after 6 April 2024, redundancy protection starts when the employer is told and normally lasts until 18 months after the baby's birth. If the employer does not know the exact birth date, the end point is calculated from the expected week of childbirth. The rules differ after miscarriage or stillbirth; Acas sets out those periods.
This protection gives you priority for a suitable alternative vacancy if your role is selected for redundancy. It is not an automatic right to keep the existing role when an employer is fairly reducing a number of identical posts. A suitable new vacancy must be offered to a protected employee ahead of someone without that protection; you should not have to compete for it in the ordinary way. If several protected employees are suitable for one vacancy, the employer must make a fair decision between them. Suitability depends on the work, your skills and circumstances, and terms such as pay, status, hours and location. See Acas on priority vacancies and GOV.UK on suitable alternative employment.
What should an employer be able to explain?
There is no magic document that makes a redundancy lawful. The employer should be able to explain and, if challenged, support each part of the decision:
The business reason: what work or roles are no longer needed, and what alternatives to redundancy were considered.
The selection: who was put in the pool, what criteria and scores were used, and why. Criteria should be objective. Pregnancy-related sickness or maternity absence must not be counted against you.
The consultation: when and how you could respond to the proposal, ask questions and suggest alternatives. A person on maternity leave should be included in a workable way, not simply copied into a final decision.
The vacancies: which suitable roles existed with the employer or an associated employer, and whether you were offered one as a priority. A valid offer should be made in writing before the old contract ends.
The outcome: the decision, notice, pay calculation and a way to challenge a decision you believe is unfair.
Where an employer proposes 20 or more redundancies at one establishment within 90 days, collective consultation rules also apply. Individual consultation still matters. Acas explains the threshold and process. If a suitable alternative role is offered, there is normally a four-week statutory trial period, which can be extended for training by written agreement. Think carefully before refusing a role: an unreasonable refusal can affect statutory redundancy pay. GOV.UK explains the trial period.
Before maternity leave: the paperwork worth keeping
You do not need to build a case against your employer in advance. A small, lawful record can make leave less uncertain and help you spot an error quickly:
Pregnancy and leave notice. Tell your employer your expected week of childbirth and intended maternity leave start date by the required deadline, usually at least 15 weeks before the due week. Put it in an email so the date is clear, even if verbal notice is allowed. Keep the employer's written confirmation of your leave dates, which should come within 28 days. Acas has a notice guide and template.
Pay evidence. Keep your MAT B1 certificate, pay statement, recent payslips, contract and maternity pay policy. Statutory Maternity Pay has separate eligibility and notice rules; if you do not qualify, ask for form SMP1 and check Maternity Allowance. GOV.UK sets out the proof and eligibility rules.
Your role and terms. Keep the latest job description, promotion or pay change letters, performance reviews and any agreed flexible-working terms. These can help you check whether selection scores or a proposed alternative role reflect your actual job.
How you will stay informed. Agree an email address and contact person for important news while you are away. Ask how you will hear about reorganisations, vacancies and promotions. Keeping-in-touch days are optional and separate from the employer's duty to tell you about important changes. Acas explains contact during leave.
Enhanced pay terms. If your employer offers more than statutory maternity pay, save the exact policy and ask HR to explain any return-to-work or repayment clause in writing. Do not assume a condition in one employer's scheme applies everywhere.
Keep only documents you are entitled to retain. Do not forward confidential company files or other people's personal data to a private account.
If you are told your role is at risk
Ask for the proposal, selection pool and criteria, your scores, consultation dates, available vacancies and the name of the person handling your questions. Tell the employer that you are in the pregnancy or maternity redundancy protected period, and ask how priority for suitable vacancies is being applied. Keep a dated note of meetings and follow up important points by email.
If the decision looks wrong, ask for an appeal and explain the specific issue: a missing vacancy, pregnancy absence used in a score, consultation you could not join, or a role that still appears to exist. Acas has appeal guidance. An internal appeal does not, by itself, remove the need to check tribunal time limits. Contact Acas promptly about the deadline for your particular claim and early conciliation, or speak to a union representative or employment adviser.
If you have already qualified for Statutory Maternity Pay from your employer, redundancy does not normally end that payment obligation. Enhanced maternity pay, notice pay and statutory redundancy pay are separate questions. Statutory redundancy pay usually requires two years' continuous service and, if you are on family leave, is based on normal contractual weekly pay rather than your reduced maternity pay. See HMRC on SMP after redundancy and Acas on redundancy pay.
Frequently asked questions
Do I have to tell an interviewer that I am pregnant or planning a family?
No. You do not have to disclose pregnancy when applying for a job, and an employer must not reject you because of it. If you accept an offer, you will need to give the usual maternity leave notice when it applies. You can ask any prospective employer for its parental leave policy without explaining your family plans. Acas explains this distinction.
Can my employer make me apply for another suitable job instead of offering it?
During the redundancy protected period, a suitable alternative vacancy should be offered to you as a priority. Ask for the vacancy details and the reason if the employer says a role is unsuitable. If more than one protected employee is suitable, the employer may need to choose fairly between them. See Acas on suitable vacancies.
If I am made redundant, will I lose my maternity pay?
Not automatically. If you already qualify for Statutory Maternity Pay from that employer, it normally continues after redundancy. Enhanced contractual pay may have different terms. Ask for a written breakdown of maternity pay, notice pay and redundancy pay, and get advice before accepting a settlement or moving into another job if the timing could affect payments. HMRC explains the SMP rule.
Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
