In 2023 the Protection from Redundancy (Pregnancy and Family Leave) Act introduced new safeguards which gave priority status for redeployment opportunities in instances of redundancies and a year later in April 2024 additional legislation has come into effect to extend this protection to employees who are pregnant. In this week’s HR article, we explain the new rights and implications for employers.
What does this Act introduce?
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 introduces safeguards for a wider group of individuals during pregnancy or family leave. In cases of redundancy the Act prioritises pregnant employees and those returning from parental leave when an employer considers redeployment opportunities during redundancy. The Act offers a protected period of pregnancy, and the protection applies throughout pregnancy and maternity leave and for six months afterwards.
The Act allows the protected period of pregnancy to commence after the pregnancy has ended, this applies in cases where an employee who has miscarried before informing their employer of the pregnancy to access the redundancy protection.
There is a requirement that employers offer alterative employment to employees made redundant during or after a protected period of pregnancy, if an employer fails to comply with this provision an employee may raise a claim for unfair dismissal.
Who is protected?
The protection from redundancy in 2024 will be extended to a wider group of individuals that includes:
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Length of Protection
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Pregnant employee who takes maternity leave |
Protection starts – begins when the employer has notification of the pregnancy
Protection ends – 18 months from the child’s date of birth if the employer is notified before the end of maternity leave (or 18 months from the Expected Week of Childbirth if not notified)
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Employee who has suffered a miscarriage |
Protection starts – begins when the employer has notification of the pregnancy
Protection ends – Two weeks after the end of pregnancy for pregnancies that has ended before 24 weeks
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Adoption Leave |
Protection starts – at the start of adoption leave
Protection ends – 18 months from the date of placement or date of entry in Great Britain
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Shared Parental leave |
Protection starts – Beginning of shared parental leave
Protection ends – If the employee has taken less than six weeks of shared parental leave at the end of shared parental leave. If the employee has taken more than six weeks continuous weeks of shared parental leave protection ends 18 months from the child’s date of birth.
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What does this mean for employers?
The Act automatically enforces a set of regulations and guidelines for employers where they must uphold a commitment to prevent those individuals targeted for redundancy, they must ensure their rights are safeguarded and they must implement a system to identify any suitable vacancies across their organisation. Employers will need to review their policies and procedures to ensure compliance with legislative changes.
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