From 6 April 2024 The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended protections to employees who are pregnant or returning from maternity, adoption, or shared parental leave, giving them priority status when it comes to redeployment opportunities in a redundancy situation.
Who is protected and what is the length of protection?
Pregnant employees - Protection applies to pregnant employees who take maternity leave. The protected period starts from the date the employee notifies the employer of the pregnancy and ends 18 months from the child’s date of birth if notified to the employer before the end of maternity leave (or 18 months from the expected week of childbirth if the employer has not been notified).
Pregnant employees who suffer miscarriage - Pregnant employees who unfortunately suffer a miscarriage are protected from the date they notify the employer of their pregnancy, to two weeks after the end of the pregnancy if the pregnancy ends before 24 weeks. (Pregnancies ending after 24 weeks are classed as stillbirths and the employee would be entitled to statutory maternity leave.)
Employees taking adoption leave - The protected period begins when employee adoption leave starts and ends 18 months from the date of the child’s placement, or the date that the child enters Great Britain (if the adoption is from overseas).
Employees taking shared parental leave (SPL) - For employees on SPL (who have not taken maternity or adoption leave) the protected period starts at the beginning of SPL and ends at the end of SPL, if the employee takes less than six consecutive weeks of SPL. If the employee has taken six or more consecutive weeks of SPL, the protected period ends 18 months from the date of the child’s birth/placement or entry into Great Britain.
Do these new rights protect employees from redundancy?
No. In a redundancy situation if there are acceptable alternative vacancies, these employees are granted priority status under the law. If suitable alternative roles are available, failing to offer them to employees with priority status could lead to claims of discrimination and/or unfair dismissal. However, if there are no suitable alternative roles, the rules do not stop those individuals from being selected for redundancy.
What should employers be doing?
Employers should take these new regulations into account if they are planning to restructure in 2024. Specifically, it will be critical to:
- Consider the full implications of the new regulations. Review redundancy policies and seek expert legal advice if in doubt.
- Maintain accurate records of the start and end dates of family leave, as well as the dates of any miscarriages. This is necessary to determine the duration of protection.
- Since the new rules will give more employees priority status, managers should be trained on the legislation and their implications.
- Ensure procedures are in place to determine whether alternative roles could be appropriate for those held by priority status employees.
How 3CS can help
This is just one of a number of employment law changes underway and it’s crucial that employers review redundancy policies to ensure they are in line with the most up-to-date legislation. Given the stiff penalties for non-compliance, employers are advised to take note.
We offer a range of employment law services to give you the best, most up-to-date advice and protect your business. For further information on enhanced redundancy protection or any employment law matter, please get in touch with your usual 3CS contact.