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Expectant employees have, from April 2024, greater protection from redundancy during pregnancy and new parents have extended protections when they return from maternity, adoption and shared parental leave.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 received Royal Assent on 24 May 2023. The Act, which applies in England, Wales and Scotland, came into force on 24 July 2023 but needed implementing regulations to bring its provisions fully into force. These are the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 which extend the period of special protection from redundancy for employees who are on maternity leave, adoption leave or those on shared parental leave.

Background

Previously, employers had a legal obligation to offer suitable alternative employment, where a vacancy existed, to a parent who was on maternity leave (and shared parental or adoption leave) if their job is at risk of redundancy (reg. 10 of the Maternity and Paternity Leave Regulations 1999). This was limited to the duration of the relevant leave.

Changes

• Pregnancy and maternity leave – employees are 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 18 months. If an employee takes their full 12 months of statutory maternity leave, they’ll 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 also protect employees who have suffered a miscarriage for a period of two weeks after the pregnancy ends.
• Adoption leave – employees are protected during adoption leave plus 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 18 months.
• Shared parental leave – employees are protected during shared parental leave plus an additional protected period when they return to work, calculated from the date of birth of the child/the child’s placement for adoption for a period of 18 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 does not apply if the employee is otherwise protected under the adoption or maternity provisions above.

The Equality and Human Rights Commision has produced updated guidance which can be found here.