From the beginning of pregnancy to the end of maternity leave is a ’protected period’ during which a VN is entitled to special consideration, if this is necessary, to make good any disadvantage she may otherwise experience.

The Law says:

•  during the protected period’, unfavourable treatment of a woman because she is pregnant, or on maternity leave, is unlawful

•   a woman on maternity leave has the right to return to the same job as the one she left

•   selecting a woman for redundancy because of her pregnancy, maternity leave or a related reason is automatically classed as unfair dismissal and unlawful discrimination

•   failure to consult a woman on maternity leave about possible redundancy is likely to be unlawful discrimination

•   a woman, whilst on maternity leave, must be offered any suitable alternative work -she does not have to apply for it.

Is the redundancy genuine?

The practice must ensure that the redundancy is for a genuine reason, that it is necessary now and not a consequence of the pregnancy or maternity leave itself. A reason could be the closure of a practice or the diminishing need for the VN to do available work.

It is not a valid reason for redundancy if, whilst the VN is on maternity leave, the practice has redistributed the work and feels that it no longer requires her.

Consultation

The practice should consult with VNs at risk who are on maternity leave or off work with pregnancy related illness, giving them as much warning as possible. This includes VNs on fixed-term contracts.

The practice needs to consult about:

reasons for the redundancy and the posts affected

•   alternatives, i.e. voluntary redundancies or reduced working hours

•   selection criteria that will be used

•   how the redundancy assessment was (or will be) carried out

•   any suitable alternative roles.

Selection criteria

The selection criteria must be transparent, apply to everyone, and be non- discriminatory, objective and measurable.

We have listed some examples of criteria below:

•   individual skills and/or qualifications

•   performance or aptitude for work attendance and absence record

•   disciplinary record

•   customer feedback.

The criteria that the practice decides to use must not disadvantage VNs because of their sex, pregnancy or maternity leave.

The practice must ensure that the pregnant VN is not disadvantaged in the redundancy process. However, they should not do more than is reasonably necessary to achieve this where it could prejudice the position of others at risk of redundancy.

Suitable alternative employment

If the practice has suitable alternative roles, these must be offered to the pregnant VN before any other employee. Failure to do this may result in the VN’s dismissal being automatically classed as unfair. If the offer is turned down, then you lose your right to a redundancy payment.

If there are no suitable alternative roles, then you can be made redundant during your statutory maternity leave provided the reason for the redundancy is unconnected with the pregnancy or maternity leave.

Some common questions

If the practice makes a pregnant VN redundant, does it have to pay Maternity Pay as well?

If a pregnant VN qualifies for statutory maternity pay (SMP) and is made redundant prior to her maternity leave – but after the 15th week before the baby is due – the practice will be required to pay the SMP as well as the redundancy pay.

Does the practice need to put a VN who is on maternity leave through the application process for a job during the reorganisation?

If suitable alternative jobs are identified, they should be offered to the VN on maternity leave without the need for an application process.

Can the practice contact a VN on maternity leave?

Yes. The practice can – and should – keep in contact with VNs whilst they are on maternity leave, especially if they are at risk of redundancy. The practice should agree with the VN beforehand how this should take place.

I want to return to work part time following my maternity leave, but the practice does not have any part-time roles. Can they make me redundant?

No. This would be discriminatory or unfair dismissal.

The practice has fewer than 5 staff. Is it exempt from the legislation?

No. The maternity protection and equality laws apply to all employers regardless of the size of the practice. 9

For further support with this or any other HR issue, BVNA members can call the BVNA IRS Helpline on 01822 870270 or e-mail nicky.ackerley@hrsupportconsultancy.co.uk

Author

Nicky Ackerley

Nicky Ackerley HR Support is owned by Nicky Ackerley who has a BA (Hons) Business Studies Degree, is a member of the Chartered Institute of Personnel and Development and who has been a practising HR manager for over 20 years. HR Support Consultancy has provided the BVNA's Industrial Relations Service since it began in 2002.

• VOL 28 • October 2013 • Veterinary Nursing Journal