Effective from 6 April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 introduces enhanced safeguards for employees who are pregnant. It also provides protections for those who have recently returned from maternity, adoption or shared parental leave.
This legislation ensures that these individuals receive priority consideration for alternative employment opportunities in the event of redundancies
Current Protections
Previously, employees on maternity, adoption, or shared parental leave were entitled to be offered suitable alternative positions before being made redundant. This Act extends similar protections to:
- Pregnant employees
- Employees who have recently returned from maternity, adoption or shared parental leave
Key Provisions of the Act
- Pregnant Employees: Protection begins once the employee informs their employer of the pregnancy and continues until 18 months after the child’s birth. This includes any statutory leave taken during this period.
- Employees Experiencing Miscarriage: Protection starts upon notifying the employer of the pregnancy and lasts until two weeks after the pregnancy ends.
- Adoption Leave: Protection commences at the start of adoption leave and extends for 18 months from the date of placement or the child’s entry into Great Britain for overseas adoptions. This period encompasses any statutory leave taken.
- Shared Parental Leave:
- For leave periods under six weeks: Protection covers the duration of the leave.
- For continuous leave exceeding six weeks: Protection extends to 18 months from the child’s birth, including any statutory leave taken.
Implications for Employers and Employees
While the Act enhances protections, it does not prohibit redundancies during the protected periods. Instead, it mandates that employers prioritise these employees for suitable alternative roles before considering redundancy.
Practical Steps for Employers
- Review Policies: Ensure redundancy procedures align with the new legislation.
- Training: Educate HR personnel and managers on the updated rights and obligations.
- Communication: Inform employees about their rights under the Act to foster transparency and trust.
By adhering to these guidelines, employers can maintain compliance and support employees during significant life events.
If you need legal advice about how the new legislation could affect you, contact our employment law team. We will be happy to help.
