Can you dismiss a person on Carers Leave by reason of redundancy as a consequence of a restructure or a head count reduction?

Carer’s leave, within the meaning of the Carer’s Leave Act 2001 (the “2001 Act”) is protected leave and refusing to permit an employee to return to work after Carer’s Leave by reason of redundancy or dismissal will constitute an unfair dismissal. Similarly, an employer may not issue notice of redundancy while an employee is on Carer's Leave. Furthermore, Section 14 of the 2001 Act provides that where it is not reasonably practicable for an employee to return to the same position they held prior to going on Carer’s Leave, the employer shall offer him/her suitable alternative employment.

The redundancy can, however, take effect when the employee returns from Carer's Leave, subject to the