Redundancy Protection during Pregnancy, Maternity Leave, Adoption Leave, and Shared Parental Leave
What is the Current Legislation?
Currently, employers in the UK are obligated to offer suitable alternative employment to employees on maternity leave, shared parental leave, or adoption leave before making them redundant. This obligation prioritizes them over other employees provisionally selected for redundancy.
What's Changing?
This redundancy protection will extend to pregnancy and for 18 months after relevant leave (additional protected period). The protected period for pregnancy starts when an employee notifies their employer of their pregnancy. For maternity leave, the additional protected period lasts 18 months after the expected week of childbirth, providing an extra six months of protection post-return. Adoption leave follows a similar pattern, ending 18 months after the child's placement.
When It's Coming into Effect?
The new legislation applies to employees whose maternity and adoption leave ends on or after April 6, 2024, and to shared parental leave starting on or after the same date. Employers should be aware of these changes and implement necessary updates to comply with the regulations.
The Impact?
Failure to offer suitable alternative employment to protected employees may result in claims for automatically unfair dismissal and possible unlawful discrimination claims. Employers need to assess available alternative employment during redundancy situations, considering the additional protected periods.
What Do You Need to Do?
Employers should update family-friendly policies to incorporate the new rights and educate line managers about their obligations. Ensuring compliance with the extended protected periods is crucial to avoid legal consequences.
How Can We Help?
We can offer support and advice in reviewing current policies, and communicating with current staff on the changes being made.
