Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
As all HR professionals will be aware, during a “protected period” (i.e. the beginning of pregnancy to the end of maternity leave), unfavourable treatment of a woman because she is pregnant or on maternity leave is unlawful discrimination. The guidance looks at circumstances in which employers would be able to make a woman who is pregnant or on maternity leave redundant without breaching the legislation. The document further sets out in what circumstances a redundancy situation would be genuine and what procedures should be followed where dismissal is being contemplated.
The guidance will be helpful to many organisations which fear making any woman who is pregnant or on maternity redundant even where there is a genuine business case to do so. A woman can be made redundant during her statutory maternity leave providing there is a genuine redundancy unconnected with her pregnancy or maternity leave and you are able to shown that a fair redundancy process has been followed. From our experience the most important things to consider are:
- Ensuring that a fair redundancy selection process is followed, in particular making sure that a woman on maternity leave is not disadvantaged, by keeping her informed.
- Consulting in detail about the proposed redundancies. If you fail to consult with women who are on maternity leave due to their absence, this is likely to be discrimination, and further makes the process unfair. We would recommend that you agree the least intrusive and least stressful methods of keeping in touch before a woman goes on maternity leave.
- If there are any suitable alternative roles within the business, these must be offered to a woman on maternity leave before they are offered to anyone else in the organisation. If you fail to do this, and then make the redundancy, the dismissal will be automatically unfair and you may further be subject to a successful discrimination claim.
For more information
In this difficult economic climate we recognise the importance of implementing change and improvement within your organisation, even in difficult circumstances, and we believe we can help you achieve your long term objectives in a sensitive way. For more information on our offer in this area please contact Anna Dabek on 0121 212 7494 or email@example.com.
As the end of 2020 beckons, we take a look at what progress the Sterling market has made in its preparations for the end of the London Interbank Offered Rate (LIBOR) on 31 December 2021.
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
For part 2 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Lisa Whitehouse on how she has been coping during these unprecedented times.
Delayed since Spring 2020 as the Government tackled the Covid-19 crisis, Tuesday 17 November saw the publication of the Social Housing White Paper, setting out the future regulation of the sector
In this ebriefing, we examine how the duty holder regime will apply to social housing providers with existing HRRBs in their housing stock.
Following Katherine's "heads up" last week, the Government has now confirmed that for claim periods post 1 December, employers will not be able to claim for employees who are serving their notice
For part 1 in this series of short podcasts, Chris Lloyd-Smith interviews solicitor Puja Desai on how she has been coping during these unprecedented times.
Over 100 trainees and future trainees from Birmingham joined the BTSS for a webinar to address concerns around training remotely and qualifying during a possible recession.
Anthony Collins Solicitors has supported Birmingham-based Complete Care Holdings in its acquisition of Amegreen Complex Homecare Ltd.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.