The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
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.
To view the guidance, click here.
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.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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