Get Answers
Can family leave affect redundancy selection?
Yes, family leave can affect redundancy selection if an employer treats someone unfairly because they are on, or have taken, maternity leave, paternity leave, adoption leave, shared parental leave, or parental leave. In the UK, employees must not be put at a disadvantage simply because they used a statutory family leave right.
If a redundancy process penalises someone for being absent on family leave, that may be unlawful. Employers should base selection on fair, objective criteria that do not disadvantage people for protected reasons.
What counts as unfair selection?
Unfair redundancy selection can happen when an employer scores someone badly because they were away on family leave. It can also happen if absences linked to pregnancy or family leave are counted against them in performance or attendance criteria.
For example, if a manager lowers a score because an employee missed team targets while on maternity leave, that could be unfair. The law expects employers to adjust the assessment so the person is not penalised for lawful leave.
Extra protection for maternity leave
Employees on maternity leave have particularly strong protection in redundancy situations. In some cases, they are entitled to be offered a suitable alternative vacancy before other employees at risk are considered.
This protection is designed to stop people being selected because they are away from work for maternity reasons. Similar protections may apply in other family leave situations, depending on the facts and the type of leave involved.
Fair redundancy procedures
A fair process should use clear criteria such as skills, qualifications, performance, and attendance, but only where those criteria are applied properly. If absence is used as a criterion, employers must be careful not to count family leave against the employee.
Employers should keep evidence of how scores were decided and should explain the selection process clearly. They should also consider whether adjustments are needed where a person has been absent for family-related reasons.
What employees can do
If you think family leave affected your redundancy selection, ask for the scoring and the reasons behind it. You can raise the issue informally first, or use your employer’s grievance procedure if needed.
It may also help to get advice from a trade union, ACAS, or an employment solicitor. If the redundancy may be discriminatory or unfair, there may be legal options, including a claim to an employment tribunal.
Key point
Family leave should not be used against an employee in a redundancy process. Redundancy selection must be fair, objective, and free from discrimination.
If taking family leave has affected your score or chance of being selected, that may give you grounds to challenge the decision.
Frequently Asked Questions
Family leave unfair redundancy selection is when an employee is chosen for redundancy because they are pregnant, on maternity, adoption, paternity, shared parental, or other family leave, or because they have taken or requested such leave. It can happen during restructures, downsizing, or role removals if the selection process is influenced by leave status rather than genuine business reasons.
No. Selecting someone for redundancy because they are on, have taken, or plan to take family leave is unlawful discrimination and may also be automatically unfair dismissal depending on the circumstances. Employers must use fair, objective selection criteria and must not penalize protected leave.
Evidence can include comments about absences for family leave, scoring that ignores leave-related absence, comparison with colleagues who were not on leave, emails or notes showing bias, sudden changes to selection criteria, or patterns where people on family leave are disproportionately selected.
You can help prove family leave unfair redundancy selection by collecting documents such as redundancy scoring sheets, emails, meeting notes, policy documents, performance reviews, absence records, and timelines showing when family leave was taken and when the redundancy decision was made.
If you suspect family leave unfair redundancy selection, ask for the selection criteria in writing, request your scores and the reasons for them, keep copies of all communications, raise the issue with HR or management, and consider speaking to an employment law adviser or union representative quickly.
Pregnancy should not adversely affect redundancy selection. If pregnancy, pregnancy-related absence, or anticipated maternity leave influenced the decision, that may amount to unlawful discrimination and family leave unfair redundancy selection.
An employer must not select someone for redundancy because they are on maternity leave or because of the fact they took maternity leave. Any such influence on the selection process can make the redundancy unfair and potentially discriminatory.
Shared parental leave should not be used as a reason to select an employee for redundancy. Penalizing someone for taking or planning shared parental leave can amount to family leave unfair redundancy selection and may be unlawful.
Adoption leave should not be treated negatively in redundancy selection. If an employee is scored down, excluded, or targeted because of adoption leave, that may be family leave unfair redundancy selection.
Paternity leave should not be a factor in redundancy selection. Choosing someone because they took or requested paternity leave may be unfair and discriminatory, especially if leave-related absences are treated less favorably than other absences.
Redundancy selection should be based on objective, measurable criteria applied consistently to all employees. Employers should ignore family leave-related absences where required, check scoring for bias, consult properly, and avoid using leave status in any way.
Criteria that raise concerns include attendance scoring that counts family leave, subjective performance ratings without evidence, availability assumptions based on leave status, or criteria that disadvantage employees returning from family leave.
Being on family leave does not give absolute immunity from redundancy, but it does give important protection against unfair treatment. The employer can still make genuine redundancies, but the selection must not be influenced by family leave.
In most UK employment claims, you usually must start an employment tribunal claim within three months less one day from the date of dismissal or the discriminatory act, subject to early conciliation requirements. It is important to act quickly because time limits are short.
Yes, in some cases you may be able to bring both unfair dismissal and discrimination claims. If family leave unfair redundancy selection involved protected characteristics or leave-related rights, multiple legal claims may arise from the same facts.
Potential compensation can include a basic and compensatory award for unfair dismissal, injury to feelings compensation for discrimination, and any financial losses caused by the redundancy. The exact amount depends on the facts, losses, and the legal claims made.
If a suitable alternative role exists, an employer should consider it carefully and fairly. In some situations, employees on maternity, adoption, or shared parental leave may have priority for suitable alternative vacancies, and failing to do so can make the process unlawful.
Prior performance reviews can be used, but they must be relevant, accurate, and applied fairly. If negative reviews were inflated, outdated, or used inconsistently after family leave was taken, that may point to family leave unfair redundancy selection.
Meaningful consultation is important in redundancy situations. If an employer fails to consult properly, ignores concerns about leave-related bias, or rushes the process, that can support a challenge to family leave unfair redundancy selection.
Yes. Because family leave unfair redundancy selection can involve strict legal time limits and complex discrimination issues, it is wise to get advice from an employment solicitor, union, or advice service as soon as possible.
Ergsy Search Results
This website offers general information and is not a substitute for professional advice.
Always seek guidance from qualified professionals.
If you have any medical concerns or need urgent help, contact a healthcare professional or emergency services immediately.
Some of this content was generated with AI assistance. We've done our best to keep it accurate, helpful, and human-friendly.
- Ergsy carefully checks the information in the videos we provide here.
- Videos shown by Youtube after a video has completed, have NOT been reviewed by ERGSY.
- To view, click the arrow in centre of video.
- Most of the videos you find here will have subtitles and/or closed captions available.
- You may need to turn these on, and choose your preferred language.
- Go to the video you'd like to watch.
- If closed captions (CC) are available, settings will be visible on the bottom right of the video player.
- To turn on Captions, click settings.
- To turn off Captions, click settings again.