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If an employee is pregnant or on maternity leave, can their position be made redundant?

It can, but it can be difficult and is best avoided if possible. If a redundancy situation arises during an employee's maternity leave, you must consider whether it is reasonably practicable to continue to employ her in her existing job. This will involve considering whether the employee on maternity leave, or some other employee, should be selected for redundancy. If you decide to select the employee on maternity leave, you must offer her any suitable vacancy that is available, or pay redundancy pay, just as with the other employees affected.

If you do make an employee on maternity leave redundant after 15 weeks before the baby is due, you may be required to continue paying their maternity pay, even if they no longer work for you.

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