The law has, for a long time, granted extra protection from redundancy to those on maternity leave, adoption leave or shared parental leave. These employees have the right of first refusal for any suitable alternative roles in a redundancy situation.
From 6 April 2024, this protection is being extended to the following:
- Those who are pregnant, from the date the employee informs the employer of her pregnancy for the full period of pregnancy (where the employer is informed of the pregnancy on or after 6 April 2024).
- Those who are on maternity leave will be protected not only during the period of absence on maternity leave, but for 18 months from the week of childbirth (where the maternity leave ends on or after 6 April 2024).
- Those on adoption leave will be protected not only during the period of absence on adoption leave, but for 18 months from the date of placement for adoption (where the adoption leave ends on or after 6 April 2024).
- Those on shared parental leave will be protected not only during the period of absence on shared parental leave, but for 18 months from the birth/adoption placement, provided that the employee has taken a period of at least six continuous weeks of shared parental leave (starting on or after 6 April 2024). This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above.
Where an employee suffers a miscarriage before 24 weeks of pregnancy, they will have protection during their pregnancy and for a two-week period following miscarriage. If they miscarry after 24 weeks of pregnancy, this is classed as a still birth and they are entitled to maternity leave and will have the same protection as any other employee taking maternity leave.
Employers are advised to update redundancy policies to reflect the above extensions of protection and to ensure that employees who have taken leave do not get forgotten in a redundancy scenario, particularly given the lengthy period of protection. Consider placing flags on employee records against those who have taken leave setting out their period of extended protection and update and inform managers so that these changes can be factored into redundancy proposals at a formative stage.
If you require any assistance or further information please contact 0345 646 0406 or fill in our online enquiry form and a member of our Team will be very happy to assist.