Dismissal during maternity leave found unfair despite genuine redundancy, as notice breached statutory maternity protections.

The Complainant had been employed by the Respondent as an Administrative Assistant since September 2020. She commenced maternity leave in January 2024 and, before its expiry, notified the Respondent of her intention to take statutory parental leave. In July 2024, while still on maternity leave, she received written notice that her position was being made redundant effective September 2024. The Complainant submitted complaints alleging unfair dismissal, breach of maternity and parental leave protections, and non-payment of minimum notice. She stated that she was never consulted regarding redundancy, was denied the right to appeal the decision fairly, and was not given an opportunity to return to work as required by law. The Complainant argued that her dismissal during protective leave was discriminatory and contrary to statutory provisions. She also claimed that her notice payment was unjustifiably delayed and sought compensation for both the breach of her rights and procedural unfairness.

The Respondent stated that it had undergone a comprehensive review of its administrative functions to improve efficiency. A HR consultant was engaged, who identified inefficiencies in manual processes and recommended automation and outsourcing. As a result, accounting and call-handling functions were modernised, and the role of Administrative Assistant was deemed redundant. The Respondent contended that the Complainant’s dismissal arose solely from a genuine redundancy situation and was unrelated to her maternity or parental leave. It acknowledged that consultation could not occur due to her ongoing maternity-related absence and argued it acted considerately by waiting until her leave concluded before issuing redundancy notice. The Respondent admitted a genuine error in failing to pay minimum notice on time but corrected the omission once identified. It maintained that the redundancy was legitimate, unavoidable, and conducted with due regard for the Complainant’s personal circumstances.

The Adjudicating Officer found that while a genuine redundancy situation did exist, the Respondent breached the Maternity Protection Act by issuing notice of redundancy during the Complainant’s protected leave. The employer had an obligation to allow her to return to work before addressing any redundancy. The decision to notify her during maternity leave was deemed inconsiderate and procedurally unfair, as she was denied any opportunity to discuss alternatives such as redeployment or reduced hours. The Adjudicator determined that the process lacked fairness and contravened statutory maternity protections. Consequently, the Complainant’s dismissal was found to be unfair. The Complainant was awarded €6,000 compensation for unfair dismissal. The complaint under the Parental Leave and Benefit Act was deemed a duplicate and not upheld.

Employers should exercise extreme caution when managing employment matters involving employees on protected leave, including maternity, adoptive, or parental leave. Any decision to terminate employment, even where genuine redundancy exists, must strictly comply with statutory protections. Employers must allow an employee to return to work after maternity leave before initiating redundancy consultation. Issuing notice during protected leave, even with benevolent intent, is a breach of the Maternity Protection Act. Consultation and fair procedures must always be observed, ensuring the employee is informed, given an opportunity to respond, and allowed to appeal decisions through an independent process.            

Additionally, redundancy processes should be transparent, supported by clear documentation, objective criteria, and evidence of genuine business need. Employers should also ensure that all statutory payments, including notice pay, redundancy pay, and accrued leave, are made promptly. HR advisors or legal counsel should be consulted before taking action involving protected employees. By adhering to fair process and legislative obligations, employers can avoid costly litigation, maintain compliance, and protect their organisational reputation.

The full case can be found here.