Redundancy protection on maternity leave

Edited by Oliver Wakefield-Smith, Founder of Digital Signet. Last reviewed 23 June 2026.

Direct answer

The 18-month window

From 6 April 2024, redundancy protection extends from the start of pregnancy until 18 months after the expected week of childbirth (or the actual date of birth if you tell your employer). Any redundancy process in that window triggers the statutory right to be offered any suitable alternative vacancy with the employer or an associated employer, in priority to other affected employees.

Who is covered

The 18-month protection covers employees who are on maternity leave, returned from maternity leave in the protected window, or who notified their employer of pregnancy that did not result in maternity leave (e.g. miscarriage after 24 weeks). The Pregnancy Act 2023 framework also extends similar protection to adoption leave and shared parental leave.

Suitable alternative employment

If your role is genuinely redundant, your employer must offer you any suitable alternative vacancy that exists, in priority over other employees being made redundant. Suitable means equivalent terms, including pay, hours and location. You can refuse on reasonable grounds without losing redundancy pay.

If you are made redundant despite the protection

Failure to follow the priority rule converts the dismissal into automatic unfair dismissal under section 99 of the Employment Rights Act 1996. No 2-year service requirement applies. You can claim through ACAS early conciliation and then the Employment Tribunal.

Redundancy pay calculation during SMP

Statutory redundancy pay is based on your normal pay before maternity leave, not SMP. The same applies to notice pay. You receive the standard formula: 0.5 weeks pay per year of service under 22, 1 week per year aged 22 to 40, 1.5 weeks per year over 41, capped at 20 years and a weekly maximum (currently 700 from April 2025).