Redundancy consultation

[ch 3: page 42]

Failing to consult a woman who is on maternity leave over redundancies is likely to be pregnancy discrimination. It makes no difference that the employer’s motives are benign, for example not wanting to disturb someone who has just had a baby. It is sensible for both sides to agree on the best way of keeping in touch before the maternity leave starts, and to keep a good record of all communications.

Acas guidance suggests that consultation topics should include:

• reasons for redundancy and posts affected;

• considering alternatives, such as voluntary redundancies, or reduced working hours;

• the selection criteria for employees at risk of redundancy;

• the employee’s redundancy selection assessment; and

• any suitable alternative work (special rights apply – see page 44).

Failing to consult employees who are on adoption and shared parental leave is likely to be a breach of their right not to be subjected to a “detriment” for exercising their leave rights (section 47(C), ERA 96). It may also amount to sex discrimination, or sexual orientation discrimination, depending on the context.

There are also important collective and individual consultation duties, unrelated to pregnancy and maternity, that are owed to employees during a redundancy situation. For more information see LRD’s annual publication, Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1827).