returned from maternity and being made redundant

scrabble123

Hi

My partner returned from maternity a couple of month's ago and now faces redundancy,

The company assessed her differently to all the other staff as she had been on maternity, they gave her an interview whereas other staff had on the job assessments.

Also whilst on maternity she missed training sessions which would have helped her in the interview.

Had she not gone on maternity she would have had the training and been assessed on the job as per her colleagues.

Is her employer justified in making her redundant and can she claim unfair dismissal due to indirect discrimination due to her maternity

Also she is 7 months pregnant and about to go on maternity again very soon, the companies policy of not making her redundant while on maternity will kick in, but she will be made redundant when she returns? Are they being fair to her?

thanks in advance

savingholmes

I would contact acas on 08457 47 47 47 - as it does sound like she may have a claim but it may be that they have some justification behind what they have done... I think it is possibly more likely that she has been selected because she is pregnant again... Ask ACAS for advice...

She can put in an appeal directly to the company against unfair selection for redundancy stating the grounds you have given above... they have to answer each point at an appeal hearing - if they don't do that effectively it lays the groundwork for any future claim by yourselves... Again talk to acas about preparing your appeal...

Hope that helps