Pregnancy and maternity are protected periods under UK employment law, and employers must tread carefully when redundancy situations arise involving employees who are pregnant or on maternity leave. The law offers strong and extended protections to prevent unfair treatment and automatic dismissal during these vulnerable periods.
Under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and its supporting regulations, from 6 April 2024, redundancy protections were significantly extended. Here’s how they apply now in 2025:
Extended Priority for Suitable Alternative Employment
Previously, only employees on maternity leave had the right to be offered any suitable alternative vacancy before others at risk of redundancy. Now, this right extends:
From the moment you notify your employer of your pregnancy, not just when maternity leave begins.
Through your entire maternity leave, and
For 18 months after the child’s birth (if you’ve taken maternity leave).
This is not just a right to be considered—you must be offered the role ahead of others, even if they are better qualified.
What Is a “Suitable Alternative Vacancy”?
A role is considered suitable if it:
Is appropriate in terms of status and duties.
Has terms and conditions that are not substantially less favourable than your existing role.
If such a role exists and your employer fails to offer it to you, your redundancy could be automatically unfair, even if the overall redundancy process is otherwise lawful.
What Employers Must Do
If redundancy genuinely affects your role, your employer must:
Ensure the redundancy selection process is fair and objective.
Avoid discriminatory criteria (e.g. absence due to maternity or pregnancy-related illness).
Identify and offer any suitable alternative roles before others.
Document all decisions clearly and provide you with proper consultation throughout the process.
If You Suspect Unfair Treatment
If you believe you were selected for redundancy due to your pregnancy or maternity leave—or not offered a suitable role—you may be able to bring a claim for:
You do not need two years of service to make these claims. The protection applies from day one of employment.
Claims should be brought within three months (minus one day) of the act complained of, typically the dismissal date.
How we can help
With offices in Leicester and Market Harborough our maternity discrimination solicitors and lawyers can discuss your pregnancy or maternity discrimination claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
