In this episode of the Redundancy Matters podcast, I spoke with Clare Chappell, an employment lawyer at Carbon Law Partners with more than 25 years of experience advising employers and employees.
We explored the legal framework around redundancy during maternity leave, the risks for employers and, most importantly, how HR can approach these situations with empathy and care.
As Clare put it so powerfully during our conversation: “A commercial decision to reduce headcount may be necessary but the decision to be clinical or cold about it is a choice. You are not just making a role redundant – you’re interrupting a person’s life at its most vulnerable and transformative stage.”
It’s a reminder that while redundancy may be a business decision, how it’s handled will be remembered for years.
What the Law Says About Redundancy and Maternity Leave
One of the biggest misconceptions is that someone cannot be made redundant while on maternity leave.
In reality, redundancy during maternity leave can happen – but employees have additional legal protections that employers must follow.
Clare explained, “You can still make a woman on maternity leave redundant. What the law does is extend the period of protection and give her priority for suitable alternative employment if her role becomes redundant.”
In the UK, maternity redundancy protection broadly covers the period from pregnancy through to around 18 months after the birth.
During this time, if an employee’s role is genuinely redundant, they must be offered any suitable alternative employment that exists within the organisation.
This is not simply a right to apply for another role.
The role must be offered to them automatically, provided it is appropriate.
Suitable Alternative Employment: A Key Protection
One of the most important aspects of employment law around maternity redundancy is the obligation to offersuitable alternative roles.
As Clare explained, “If her position is redundant, she’s entitled to be offered any suitable alternative employment that might be available elsewhere in the business.”
“Suitable” typically means a role that is:
- appropriate for the employee’s skills and experience
- on similar terms and conditions
- not substantially less favourable than their previous role
In rare cases where two employees on maternity leave could both fill the same role, a competitive process between them may be necessary because they have the same level of protection.
In all other cases, the role should simply be offered directly to the employee on maternity leave.
For HR teams, this means maternity leave employees should be clearly identified early in any restructuring process so these protections can be applied correctly.
The Human Reality of Redundancy on Maternity Leave
Beyond the legal framework, Clare emphasised the importance of understanding the personal circumstances of someone on maternity leave.
Maternity leave often represents a complete shift away from the workplace.
As Clare described: “You have a massive gear shift when you’re on maternity leave. You’re concentrating one hundred percent on your baby.”
Someone who is on maternity leave:
- isn’t present in the workplace
- may not know what conversations are happening
- isn’t seeing the organisational changes unfolding
So when redundancy arises, it can feel particularly destabilising.
They may suddenly have to switch back into “work mode” to deal with consultation meetings, uncertainty and difficult conversations at a time when their focus is understandably elsewhere.
Avoiding Common Assumptions
Clare also highlighted some assumptions employers sometimes make about employees on maternity leave.
One example is assuming that because someone is currently absent, their role may be easier to remove as part of a restructure.
Another is believing that it might be helpful to complete the redundancy process while someone is still on maternity leave so they can “make a fresh start” afterwards.
But Clare cautioned against these assumptions. “Work can be the constant in the background when someone is on maternity leave – the idea that they’re going back to it. When that suddenly becomes uncertain, it can be incredibly disorientating.”
For many parents, returning to work represents stability after a major life change. Removing that certainty can amplify the emotional impact.
Why Planning Matters
Managing redundancy situations involving employees on maternity leave requires careful planning.
During the early stages of any restructure, HR teams should identify whether any employees affected are:
- pregnant
- on maternity leave
- recently returned from maternity leave
This allows organisations to ensure maternity redundancy protection is applied correctly.
It also creates space to think about how communication and consultation should be handled.
In practice, this might mean offering flexibility around how consultation meetings happen – whether that’s a phone call, a Teams meeting or meeting somewhere convenient – recognising that someone on maternity leave may be caring for a very young baby.
Small adjustments like this can make a significant difference to someone’s experience of the process.
Handling Redundancy with Kindness
Ultimately, the legal framework is only part of the story.
The way redundancy is handled can shape how someone remembers their employer long after they leave.
As Clare reflected, “How you handle this will be the only thing she remembers about your company for the next 20 years.”
For HR leaders, that’s a powerful reminder of the responsibility involved.
Even when redundancy is unavoidable, approaching the process with transparency, empathy and respect can ensure people feel supported during one of the most vulnerable periods of their working life.
Handling Maternity Redundancy with Care
Redundancy during maternity leave requires careful handling from both a legal and human perspective.
For HR leaders, the key steps include:
- understanding maternity redundancy protection under UK law
- identifying employees on maternity leave early in the planning process
- prioritising suitable alternative employment where possible
- communicating with empathy and flexibility
Redundancy will always be difficult.
But when organisations handle these moments thoughtfully, they can ensure people leave feeling respected – and that’s something they will remember for years to come.
Clare Chappell is an employment lawyer with over 25 years’ experience advising employers and employees on complex workplace issues. She works with Carbon Law Partners and specialises in areas such as maternity leave and redundancy.
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