What are the difficulties we might face if we select someone on parental or other family-friendly leave for redundancy over someone else?

Posted in : First Tuesday Q&A ROI on 6 October 2015
Zelda Cunningham
Arthur Cox
Issues covered:

Parental Leave, within the meaning of the Parental Leave Acts 1998 to 2006 (“the Acts”) is protected leave and refusing to permit an employee to return to work after Parental Leave by reason of redundancy or dismissal will constitute an unfair dismissal under the Unfair Dismissals Acts 1977 to 2007 as amended. 

Similarly, an employer may not issue a notice of redundancy to an employee who is on Parental Leave. Furthermore, it should be noted that Section 16 of the Acts provides that where it is not reasonably practicable for an employee to return to the same position they held prior to going on Parental Leave, the employee shall be entitled to be offered suitable alternative employment

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Back to Q&A's This article is correct at 06/10/2015

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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 zelda.cunningham@arthurcox.com

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