Simpson v Endsleigh Insurance Services and others

Employees on ordinary or additional maternity leave, who are affected by a redundancy exercise, are automatically entitled under regulation 10 of the Maternity and Parental Leave Regulations 1999 to be offered any alternative vacancy available. This effectively gives maternity leave employees the right to take precedence over other employees who are also at risk of redundancy, even if they are better qualified for the vacancy. Breach of this entitlement makes the dismissal for redundancy of the employee on maternity leave automatically unfair under section 99 of the Employment Rights Act 1996.