Labour & European Law Review
21 March 2015
The law cannot challenge an employer’s decision to make redundancies; it can only decide whether there has been a genuine redundancy.
Before making an employee redundant, employers have to decide who should be in the “pool” (in other words, who is at risk of redundancy) and then select them fairly and objectively.
Although employers have to offer suitable alternative employment if it is available in a normal redundancy situation, they must offer it automatically to employees on maternity leave.