The law has, for a long time, given extra protection from redundancy to those on maternity, adoption, or shared parental leave. They have the right of first refusal of any suitable alternative roles which exist in a redundancy situation.
This protection is, from April 2024, being extended by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023.
The table below sets out the current position and how it is changing:
| The current position | The changes | When does the change take effect from? | |
| Pregnancy | No protection. | Protected from the date that the employee informs the employer of her pregnancy for the full period of pregnancy. | Where the employer is informed of the pregnancy on or after 6th April 2024 |
| Maternity Leave | Protected during the period of absence on maternity leave only. | Protected for the period of 18 months from the first day of the estimated week of childbirth (EWC). The 18-month period can be altered to start from the child’s actual date of birth where the employee informs the employer of the actual date of birth in writing during their maternity leave period. | Where the maternity leave ends on or after 6th April 2024 |
| Adoption Leave | Protected during the period of absence on adoption leave only. | Protected for the period of 18 months from the date of placement for adoption. | Where the adoption leave ends on or after 6th April 2024 |
| Shared Parental Leave | Protected during the period of absence on shared parental leave only. | Protected for the period of 18 months from birth/placement for adoption provided that the employee has taken a period of at least 6 continuous weeks of Shared Parental Leave. This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above.
Protected during period of absence on shared parental leave only (as now) if fewer than 6 consecutive weeks of leave are taken. |
Where the period of 6 continuous weeks of shared parental leave starts on or after 6th April 2024 |
Where an employee suffers a miscarriage before 24 weeks of pregnancy then they will have protection during their pregnancy and for a 2-week period following miscarriage. If they miscarry after 24 weeks of pregnancy then this is classed as a still birth, they are entitled to maternity leave, and they will have the same protection as any other employee taking maternity leave.
Policies will need to be updated to take account of this change and any personnel involved in redundancy consultation need to be informed of the new extended protection for these categories of employee.
Find out how we can help. Our partner, Jon Dunkley, heads the Wollens specialist Employment Department. Contact him today for an informal chat, without obligation on 01271 342268 or via email at [email protected].
