May redundancy notice be served during maternity leave? For example, may an employer serve a notice of dismissal/redundancy during maternity leave with a date of dismissal after the end of leave period – or is this automatically void and employer must wait until leave is over before issuing a notice?

Posted in : First Tuesday Q&A ROI on 3 November 2015
Zelda Cunningham
Arthur Cox
Issues covered:

An employer in Ireland must wait until an employee’s maternity leave has come to an end before serving notice of dismissal or redundancy.

The Maternity Protection Acts 1994 and 2004 (the “Acts”) provide that termination of an employee’s contract of employment while she is absent from work on maternity leave, additional maternity leave, pregnancy related health and safety leave, during a period of ante or post-natal care or during the period she is still breastfeeding will be void. In addition, any notice of termination served during any of these periods is also void.

If notice of termination of employment is given to an employee prior to the employee having served notice of her intention to

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Back to Q&A's This article is correct at 03/11/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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