The Employment Appeal Tribunal (EAT) held that a Council was in breach of duty under the Maternity and Parental Leave Regulations 1999 by failing to offer a newly created post to a woman who was made redundant whilst on maternity leave. Women on maternity leave are given special protection against redundancy. This does not mean that they cannot be made redundant, but if her position becomes redundant during her maternity leave and there is a “suitable available vacancy” for her, she is entitled to be offered this position.
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