An employee can be made redundant prior to going on maternity leave as long as there are fair and objective reasons for doing so.  Whilst there are certain rules covering redundancy whilst on maternity leave, an employee can still be made redundant during this period as long as the rules have been met. 

Your girlfriend would also have to qualify for the right to be paid SMP i.e. have the requisite length of service (26 weeks up to the 15^th week prior to the expected week of childbirth 'EWC').  If the redundancy takes effect before going on maternity leave and it is on or after the 11th week prior to the EWC (the earliest maternity leave can begin), then SMP would still be payable.  In any instance, your girlfriend may be entitled to claim maternity allowance benefit or income support if she is not due SMP and should make enquiries with the appropriate authorities accordingly.

However, there is an underlying issue of importance that would arguably preclude any redundancy.  If the whole department is outsourced, the Transfer of Undertakings (Protection of Employment) Regulations 2006 would apply where the 'undertaking' i.e. the role of the department, is taken over by someone else.  This means that all employees affected would automatically transfer to the incoming employer (the 'transferee") with their rights unchanged, including terms and conditions/continuity of service.  Should they be made redundant prior to the transfer, then it would arguably be an automatically unfair dismissal as it was only as a consequence of the transfer that they lost their jobs.  They could make a Tribunal claim against both the existing employer ('the transferor') and the transferee accordingly. 

There could be potential grounds for redundancy after the transfer, but the transferee would have to show that a due and fair consultation / selection process had been carried out, which would include any of their existing employees carrying out like or similar work to the transferees. 

SJHarri,

I realise it's a year on almost now, so you're probably busy with the new addition to the family, but you're situation is almost exactly the same as my own, so i just wondered if you could let me know what happened.

Thanks, chris