Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
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 firstname.lastname@example.org.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
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.