Changes to Redundancy Rights

Starting 6 April 2024, significant changes have been made to the redundancy rights for employees on maternity leave, those who are pregnant, and those returning from family-related leave. This means enhanced protections for new parents in the workplace.

How have the redundancy rights changing?

Recent legislative updates bring about extended safeguards for employees taking maternity, adoption, or shared parental leave, aiming to provide added security during life transitions. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and the Maternity Leave, Adoption Leave, and Shared Parental Leave (Amendment) Regulations 2024, which came into effect on 6 April 2024, significantly broaden the rights of employees facing redundancy during these pivotal life events.

Previously, employees on maternity, adoption, or shared parental leave facing redundancy were entitled to be considered for any suitable alternative vacancy within their employer or any associated employer. Now, this protection is expanded to cover two additional periods:

1. Protected Pregnancy Period: Beginning from the moment an employee notifies their employer of their pregnancy, this safeguard extends until the commencement of statutory maternity leave or two weeks post-pregnancy, if statutory maternity leave is not applicable. It’s worth noting that failure to notify the employer timely may result in the loss of this protected period.
2. Extended Post-Leave Protection: Following the conclusion of statutory maternity, adoption, or shared parental leave, employees are entitled to an additional safeguard lasting 18 months. This period commences the day after the employee’s leave ends and continues while the employee remains continuously employed.

The implementation specifics vary depending on the circumstances:

• For pregnancies, the extended protection begins either at the start of the week the baby is expected or on the actual date of birth if notified to the employer.
• In adoption cases, protection initiates upon the child’s placement with the employee.
• Shared parental leave cases trigger the extended protection either on the child’s birth date or upon placement for adoption.

These regulations not only address immediate post-leave transitions but also provide a buffer for employees as they reintegrate into the workforce following significant life events. The changes come into effect for employees notifying their employer of their pregnancy on or after 6 April 2024, and for those whose statutory leave periods conclude on or after the same date. By strengthening employment rights during maternity, adoption, and shared parental leave, these amendments aim to foster a more supportive and equitable workplace environment for parents navigating both professional and personal responsibilities.

 Preparing for the Transition:

These changes align with other family-friendly adjustments to legislation, including flexible working rights, paternity leave enhancements, and the introduction of a week’s carer’s leave. To ensure compliance and support new parents effectively, organisations should review their policies and procedures to encompass those on maternity, adoption, or shared parental leave.

We have a dedicated employment team at Franklins. If we can be of any assistance to you, please contact the Employment Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk 

Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change, and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.