Pregnancy and Redundancy Ireland

Can You Be Made Redundant While Pregnant?

Yes, redundancy during pregnancy is lawful if it arises from a genuine business need unrelated to your pregnancy or maternity status. The key test is whether your pregnancy played any part in the decision.

However, the Employment Equality Acts 1998-2015 create a strong presumption of discrimination when redundancy occurs during pregnancy or maternity leave. If your employer selects you for redundancy while pregnant, they must prove the decision was entirely independent of your pregnancy.

Timing is crucial. Redundancy announced shortly after disclosing pregnancy, or during maternity leave, shifts the burden of proof to the employer to demonstrate non-discriminatory reasons. Courts and the WRC scrutinise these cases very closely.

Maternity Leave Protections

The Maternity Protection Acts 1994-2004 prohibit dismissal connected with pregnancy, birth, or breastfeeding. Redundancy is a form of dismissal, so these protections apply. Specifically:

• You cannot be dismissed for taking maternity leave
• Your job must remain available when you return from maternity leave
• If your exact role is redundant, you must be offered suitable alternative employment if available
• Redundancy cannot be used as a pretext to avoid maternity obligations

If your employer makes you redundant while on maternity leave and then hires a replacement for your role (even under a different title), this is strong evidence of discriminatory dismissal, not genuine redundancy.

Selection Criteria Must Be Non-Discriminatory

If your employer is conducting a genuine redundancy exercise, selection criteria must not directly or indirectly discriminate against pregnant employees. Examples of unlawful criteria:

• "Availability for overtime" — if pregnancy or maternity leave makes overtime impossible, this indirectly discriminates
• "Attendance record" — if pregnancy-related absences are counted as poor attendance
• "Full-time commitment" — if used to penalise those on or planning maternity leave
• "Recent performance reviews" — if reviews occurred while you were on pregnancy-related sick leave

Lawful selection criteria focus on objective factors unaffected by pregnancy: qualifications, skills, experience, and non-pregnancy-related performance metrics measured before pregnancy commenced.

Alternative Employment Obligation

If suitable alternative employment exists within the organisation, your employer must offer it to you before confirming redundancy. This obligation is heightened when you are pregnant or on maternity leave.

A vacancy is "suitable" if it matches your skills and experience, offers comparable terms, and does not require unreasonable retraining. Employers cannot refuse to offer a vacancy simply because you are currently on maternity leave and unavailable to start immediately.

If alternative employment is available but not offered, and the employer proceeds with redundancy, this strongly suggests discriminatory intent. The WRC frequently awards compensation in such cases.

Notice Periods and Redundancy Pay During Pregnancy

Statutory notice periods and redundancy payments apply normally during pregnancy and maternity leave. Your entitlements are:

• Statutory redundancy: (Weekly gross pay × years of service) × 2, capped at €600/week
• Notice period: Based on length of service (1-8 weeks depending on years employed)
• Maternity leave entitlements: Continue unaffected by redundancy notice period

If you are on maternity leave when redundancy notice is served, the notice period runs concurrently unless your contract states otherwise. You remain entitled to maternity benefit from the Department of Social Protection throughout the notice period.

Challenging Discriminatory Redundancy

If you believe your redundancy was discriminatory, you can file a complaint with the Workplace Relations Commission (WRC) within 6 months of dismissal. You can pursue claims under:

• Employment Equality Acts: for pregnancy discrimination
• Maternity Protection Acts: for dismissal connected with maternity leave
• Unfair Dismissals Acts: if redundancy was a sham or selection was unfair

Successful claims can result in compensation up to two years' remuneration, plus an additional award for pregnancy discrimination. The WRC has awarded significant sums where employers failed to justify redundancy during pregnancy.

Get Expert Legal Advice

Pregnancy-related redundancy cases are legally complex and carry high stakes for both employer and employee. Richard O'Shea Solicitor at Mary Molloy Solicitors provides specialist advice on:

• Assessing whether redundancy is genuinely non-discriminatory
• Challenging selection criteria that disadvantage pregnant employees
• Ensuring alternative employment obligations are met
• Negotiating enhanced redundancy packages recognising discrimination risk
• Pursuing WRC claims for pregnancy discrimination

Contact Mary Molloy Solicitors at 01 5827148 or richardoshea@marymolloysolicitors.com. Offices in Dublin 7 (Ormond Quay) and Kilkenny (Rose Inn Street).

Pregnant and Facing Redundancy?

Get expert legal advice from Richard O'Shea Solicitor at Mary Molloy Solicitors on your rights and protections.