The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 came into force on 6 April 2024, extending the redundancy protection available to new parents.
Previously, in situations where employees were on maternity leave, shared parental leave or adoption leave, employers were obliged to offer them any suitable alternative vacancies that existed, in priority to anyone else who was provisionally selected for redundancy. The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 have now extend this protection as follows:
Pregnancy and maternity leave
Employees on pregnancy and maternity leave will now be protected during pregnancy (from the point they tell their employer they are pregnant) and during an additional protected period after they return to work from statutory maternity leave.
This period is calculated from the first day of the expected week of childbirth for a period of eighteen months. This means that if an employee takes their full twelve months of statutory maternity leave, they will receive an extra six months of protection following their return to work.
The new rules apply where the employer is informed of the pregnancy on or after 6 April 2024, and for the additional protected period, for any maternity leave ending on or after 6 April 2024.
The new rules will also afford protection to employees who have suffered a miscarriage for a period of two weeks after the pregnancy ends.
Adoption leave
Employees will now be protected during adoption leave, as well as during an additional protected period when they return to work, calculated from the day the child is placed for adoption with the employee, for a period of eighteen months.
Shared parental leave
Employees will now be protected during shared parental leave together with an additional protected period when they return to work. This is calculated from the child’s date of birth or placement for adoption, for a period of eighteen months. The additional protected period will only be available, providing the employee has taken at least six weeks of continuous shared parental leave and will apply to shared parental leave starting on or after 6 April 2024. This protection will not apply if the employee is otherwise protected under the adoption or maternity provisions as above.
Carer’s leave
The Carer’s Leave Regulations 2024 also came into force on 6 April 2024. This act provides all employees who are also carers, with the statutory right to take five days of unpaid leave from work each year to fulfil their long-term caring responsibilities. This is a “day one” right and leave can be taken in one single block or in individual, non-consecutive half days or full days. Employers are able to postpone a request if they reasonably consider the operation of their business will be unduly disrupted.
The rules also protect employees from detriment or dismissal because they take, or seek to take, carer’s leave or if the employer believes that the employee is likely to take carer’s leave.
If you need any legal advice about your rights in relation to redundancy protection, feel free to contact our solicitors who will be happy to assist.
John McConkey has over 8 years of experience in employment law. John also has extensive experience of employment disputes and has acted for many individuals and employers. John is a registered member of The Law Society and The Employment Lawyers Association (ELA UK). To contact John, visit the Contact Us page. For media enquiries: info@dphlegal.com