Can you make someone redundant while they are pregnant or on maternity leave in the UK? The short answer is yes, but only where there is a genuine redundancy situation and the employer follows a fair, lawful and non-discriminatory process.
Employees who are pregnant, taking maternity leave or within the extended protected period have additional redundancy rights.
Most importantly, if their role is selected for redundancy and a suitable alternative vacancy exists, they may have to be offered that vacancy ahead of employees who do not have the same statutory protection.
Since April 2024, these rights have covered a longer period before and after maternity leave. Further family-leave changes took effect in 2025 and 2026, making it particularly important for both employers and employees to understand the current rules.
The rules discussed below primarily concern employees in England, Scotland and Wales. Northern Ireland has a separate employment law framework.
What Does the Law Say About Redundancy During Maternity Leave?
Being on maternity leave does not make an employee completely exempt from redundancy. An employer may still make the employee’s position redundant if there is a genuine business reason, such as:
- Business Closure
- Workplace Closure
- Reduced Need For Particular Work
- Organisational Restructuring
- Reduction In The Number Of Employees Required
However, pregnancy, maternity leave or maternity-related absence cannot be the reason for selecting someone for redundancy. GOV.UK specifically lists pregnancy, birth and maternity leave among reasons that would make redundancy selection unfair.
Employers should use objective redundancy criteria and apply them consistently. For example, scoring someone negatively because they missed targets while absent on maternity leave could create a serious discrimination risk.
Employees must also be properly consulted. Someone who is away on maternity leave should not simply be excluded from meetings, information or opportunities because they are temporarily absent from the workplace.
Special rules then apply if the employee’s existing role is selected for redundancy. During the protected period, an available suitable alternative vacancy must be offered to the protected employee as a priority.
What Is the Redundancy Protected Period?
The redundancy protected period is the period during which certain employees receive enhanced protection when their role is selected for redundancy.
For pregnancy and maternity leave, protection generally begins when the employee tells their employer that they are pregnant. It normally continues until 18 months after the exact date of the child’s birth.
If the employee does not tell the employer the exact birth date, the end of the protected period is calculated using the expected week of childbirth.
This protection does not guarantee that the employee will keep their existing job. Instead, it gives them an important priority right if their role disappears and the employer has a suitable alternative vacancy.
For example, suppose a business closes one department and the role of an employee who returned from maternity leave six months earlier disappears.
If she remains within 18 months of the baby’s birth and the employer has another suitable vacancy, she may have priority for that vacancy over another employee who does not have protected status.
The rules also cover pregnancy loss. If a pregnancy ends in miscarriage within the first 24 weeks, the protected period generally continues until two weeks after the pregnancy ends.
In the case of a stillbirth after 24 weeks, protection can continue for 18 months from the date of birth.
How Did Maternity Redundancy Protection Change From 2024 to 2025?
The biggest change came on 6 April 2024, when redundancy protection for pregnant employees and those on maternity leave was extended.
Protection can now begin when an employee tells their employer they are pregnant and continue until 18 months after the baby’s birth. Similar extended rights also apply to qualifying adoption leave and Shared Parental Leave.
In 2025, Neonatal Care Leave was introduced, adding further protection for eligible parents whose babies require neonatal care.
Employees taking at least six continuous weeks of qualifying leave can receive extended redundancy protection for up to 18 months from the relevant birth or adoption date.
What Is Changing in 2026 and What Are the Future Plans?
From 6 April 2026, Bereaved Partner’s Paternity Leave became a new employment right, giving eligible bereaved partners additional leave and redundancy protection.
This expanded the number of family-leave situations covered by enhanced redundancy rules.
Further reforms are expected in 2027 under the Employment Rights Act 2025.
The Government plans stronger dismissal protections for pregnant women and new mothers, although the final details will depend on regulations and the parliamentary process.
How Long Does Redundancy Protection Last After Maternity Leave?
The 18-month rule means redundancy protection can continue for months after an employee has physically returned to their workplace.
For example, if an employee returns from maternity leave 12 months after their baby is born, they could remain within the redundancy protected period for approximately another six months.
The extended rules have applied since 6 April 2024. Before that change, the special suitable-alternative-vacancy protection was much more closely connected to the maternity leave period itself.
The protection ends earlier if the person’s employment ends.
It is also important to understand what the rule does not do. When an employer is simply reducing a number of identical existing roles, protected employees can still go through the same fair selection exercise as other employees.
The remaining existing jobs do not automatically become “suitable alternative vacancies” simply because fewer employees will fill them.
However, if restructuring creates a new vacancy or a substantially different role, that position could qualify as suitable alternative employment.
Redundancy Protection for Adoption and Shared Parental Leave
Enhanced redundancy protection is not limited to maternity leave. It also applies to qualifying employees taking adoption leave and Shared Parental Leave.
Adoption Leave Protection
An employee taking adoption leave has a redundancy protected period beginning when their adoption leave starts.
The extended period normally ends 18 months from the date the child is placed for adoption. For an overseas adoption, it can run for 18 months from the date the child enters England, Scotland or Wales.
As with maternity leave, the protection does not prevent genuine redundancy. Instead, it gives the protected employee priority for a suitable alternative vacancy where one exists.
Shared Parental Leave Protection
The rules for Shared Parental Leave depend on how much leave is taken.
If an employee takes less than six weeks of Shared Parental Leave, protection normally ends at the end of that block of leave.
If the employee takes six or more continuous weeks, the protected period can extend until 18 months after the child’s birth, adoption placement or relevant date for an overseas adoption.
Where Shared Parental Leave is taken in discontinuous blocks, protection relating to those shorter blocks generally ends at the end of each relevant period.
Employees who have already taken maternity or adoption leave may separately benefit from the longer protected period connected with that leave.
Neonatal Care Leave and Redundancy Protection
Neonatal Care Leave became available from 6 April 2025, so references describing it as a future employment right are now outdated.
Eligible employees can take Neonatal Care Leave when their baby requires qualifying neonatal care. The entitlement provides additional time away from work on top of other family leave.
Redundancy protection also applies while an employee is taking Neonatal Care Leave.
If they take less than six continuous weeks, the protected period normally finishes when that leave ends.
If they take six or more continuous weeks, the additional redundancy protection can continue until 18 months after the relevant birth or adoption date.
Employers therefore need to consider Neonatal Care Leave when tracking employees who may qualify for priority access to suitable alternative vacancies.
Bereaved Partner’s Paternity Leave Protection From 2026
One of the important employment law changes in 2026 is Bereaved Partner’s Paternity Leave.
From 6 April 2026, eligible employees in England, Scotland and Wales can take this leave when the mother, main adopter or main intended parent dies and the relevant eligibility conditions are satisfied.
It is a day-one employment right, meaning there is no minimum period of service before an eligible employee can qualify. Depending on when the death occurs, an employee can take up to 52 weeks of unpaid Bereaved Partner’s Paternity Leave.
These employees are also included within the special redundancy protection rules.
If less than six weeks of Bereaved Partner’s Paternity Leave is taken, the redundancy protected period generally ends when the leave finishes.
If at least six weeks is taken, protection can extend until 18 months after the child’s birth, adoption placement or relevant overseas adoption date.
This addition means employers reviewing redundancy procedures in 2026 should make sure their policies no longer focus only on maternity, adoption and Shared Parental Leave.
Can Employers Select Someone on Maternity Leave for Redundancy?
Yes. Someone on maternity leave can be included in a redundancy pool and can ultimately be selected for redundancy.
However, the employer must be able to show that maternity leave was not the reason for the decision.
A fair redundancy process will normally require the employer to:
- Identify A Genuine Redundancy Situation
- Establish An Appropriate Selection Pool
- Use Objective Selection Criteria
- Avoid Penalising Maternity-Related Absence
- Consult With The Employee Properly
- Search For Suitable Alternative Employment
- Apply Protected-Employee Priority Rules
An employee should not automatically receive a higher redundancy score simply because they are on maternity leave. Equally, they cannot lawfully receive a worse score because they have been away from the workplace.
If maternity leave, pregnancy or birth is used as the reason for redundancy selection, the dismissal may be unfair and could also raise pregnancy or maternity discrimination issues.
How Should Suitable Alternative Employment Be Offered?
Suitable alternative employment is one of the most important parts of maternity redundancy law.
Where the employee’s role has been selected for redundancy and a suitable alternative vacancy is available, the protected employee must normally be offered the vacancy as a priority.
They should not merely be invited to apply and compete against employees without equivalent redundancy protection.
Whether another job is suitable will depend on factors including:
- Nature Of The Work
- Employee’s Skills And Abilities
- Salary And Benefits
- Working Hours
- Employment Status
- Seniority
- Location
- Individual Circumstances
According to GOV.UK guidance, a valid alternative job offer should normally be made before the existing contract ends, should be unconditional and in writing, and should explain how the new position differs from the old role.
The new job should generally begin within four weeks of the previous employment ending.
Employees accepting alternative employment are generally entitled to a four-week trial period. This gives both sides an opportunity to determine whether the new role is suitable.
An employee who unreasonably refuses a genuinely suitable alternative job may risk losing their entitlement to statutory redundancy pay.
What Happens If There Are No Suitable Alternative Vacancies?
Enhanced redundancy protection does not require an employer to invent a new role.
If there genuinely are no suitable alternative vacancies and the employer has carried out a lawful redundancy process, the employee can still be made redundant.
The employer should be able to demonstrate that it:
- Properly Considered Available Vacancies
- Considered Roles Across Relevant Parts Of The Organisation
- Followed A Fair Redundancy Process
- Consulted With The Employee
- Did Not Use Pregnancy Or Leave As A Selection Factor
- Applied The Priority Rules To Any Suitable Vacancies That Did Exist
Difficulties can also arise when several protected employees qualify for one suitable vacancy.
In that situation, Acas says the employer may need to decide which protected employee is most suitable using factors such as skills, job knowledge and experience.
The employer should explain the criteria being used and the reasons for the eventual decision.
What Has Changed in Maternity Redundancy Protection in 2026?
The core 18-month maternity redundancy protection itself is not a new 2026 rule. It has applied since April 2024.
However, the wider family-leave framework has continued to develop.
A major 2026 addition is Bereaved Partner’s Paternity Leave, which came into force on 6 April 2026 and can give eligible bereaved fathers and partners up to 52 weeks of unpaid leave.
Other employment reforms also took effect in April 2026, including changes to Paternity Leave and Unpaid Parental Leave so they operate as day-one employment rights.
For redundancy articles, the key editorial point is therefore not to describe the maternity 18-month rule as being newly introduced in 2026.
Instead, the article should explain that the extended maternity protection continues to apply while newer family-leave rights have expanded the group of employees who can receive special redundancy protection.
What Further Employment Law Changes Are Expected From 2027?
Employers should also be aware that the legal position is expected to develop further.
The Employment Rights Act 2025 created the framework for additional protections relating to dismissal during and after pregnancy and statutory family leave.
According to the Government’s implementation timetable updated on 7 August 2026, enhanced dismissal protections for pregnant women and new mothers are planned for 2027.
The Government has also made clear that future dates remain subject to the parliamentary process and can change.
These reforms should not be described as already applying in 2026.
For businesses, this means maternity and redundancy policies should be reviewed regularly rather than treated as documents that can remain unchanged for several years.
Conclusion
Making someone redundant while they are pregnant or on maternity leave is possible, but employers must take particular care to follow the law.
Pregnancy or maternity leave cannot be used as a reason for selecting someone for redundancy. Employees within the redundancy protected period also have an important right to be offered a suitable alternative vacancy where one exists.
For maternity cases, protection generally begins when the employee tells their employer about the pregnancy and can continue until 18 months after the child’s birth.
Similar protections now cover qualifying adoption leave, Shared Parental Leave, Neonatal Care Leave and Bereaved Partner’s Paternity Leave.
For employers, accurate records, fair consultation and a proper search for alternative vacancies are essential.
For employees, understanding the protected period and suitable-alternative-employment rules can make it easier to identify when a redundancy process may not have been handled correctly.
FAQs
Can You Be Made Redundant While Pregnant?
Yes. Pregnancy does not prevent a genuine redundancy, but pregnancy cannot be the reason for selecting an employee and protected employees have priority for suitable alternative vacancies where available.
Can You Be Made Redundant While on Maternity Leave?
Yes, provided there is a genuine redundancy situation and a fair process is followed. Employers must also comply with the enhanced suitable-alternative-vacancy rules.
How Long Does Maternity Redundancy Protection Last?
Protection normally starts when an employee tells their employer they are pregnant and ends 18 months from the baby’s exact date of birth.
Does an Employer Have to Offer an Alternative Job?
If a suitable alternative vacancy exists and the employee is within the protected period, the employer must offer it as required by the special redundancy rules rather than simply making the employee compete for it.
Does Neonatal Care Leave Include Redundancy Protection?
Yes. Employees are protected during Neonatal Care Leave, with extended protection potentially lasting 18 months where at least six continuous weeks of leave are taken.
What Redundancy Protection Applies to Shared Parental Leave?
Protection applies during Shared Parental Leave. Where an employee takes at least six continuous weeks, the protected period can extend until 18 months from the relevant birth or adoption date.
Can You Claim Unfair Dismissal After Maternity Leave?
Potentially. An employee may be able to challenge a redundancy if they were unfairly selected, discriminated against or denied a suitable alternative vacancy that should have been offered under the protected-period rules.
