Can I be made redundant during a career break?

Statutory redundancy rights, namely a redundancy payment and protection against unfair dismissal (unfair selection for redundancy) depends on how long you have worked for your employer. For redundancy payments you need to have worked for your employer for at least two years, continously and for unfair dismissal you need at least 12 months' continuous service.

Continuity of employment is defined by law. The legislation states that a break of one week of service (i.e. where you are no longer employed by your employer) will break continuity. However there are some limited exceptions, one being absence from work in circumstances where it is customary for such absence to count for continuity.

If it could be shown, therefore, that absence on a career break constituted such circumstances, then although you could still be made redundant, you may be entitled to a redundancy payment. Otherwise your break in service would make you ineligible.

Assuming you were entitled to claim a redudancy payment you could expect to be treated the same as if you were still at work.

Your employer would be expected to consult with you and your trade union in accordance with the law.

If your employer decided to select you for redundancy solely because you were on a career break this could be held to be unfair redundancy selection.

You would be entitled to appropriate statutory redundancy payments provided you had been continuously employed for two years or more.