Proposal to extend employee rights after maternity leave

The Pregnancy and Maternity (Redundancy Protection) Bill was introduced on 21st May 2019. The bill proposes to extend the redundancy protection period for pregnant women and new mothers. Whilst employees do have additional rights whilst on maternity leave, the consultation proposes that employees will be protected for a further six months after they return to work.

Current protection from redundancy for employees on maternity leave

Currently, employees on maternity leave receive some protection from redundancy from Regulation 10 of the Maternity and Parental Leave Regulations 1999. Whilst an employee can still be made redundant on maternity leave, Regulation 10 entitles the employee to be offered any suitable alternative vacancy that may exist, even if there are more qualified employees who could take on the role. The employee does not have to apply or be interviewed for the vacancy but should be offered it in priority to their colleagues. If a suitable alternative vacancy exists and the employee is not offered I, the employee, would have a claim for automatic unfair dismissal and sex discrimination. This is a rare example of positive discrimination.

What is the proposed new legislation? 

The proposed new legislation is to extend this protection for new mothers, starting when the woman informs her employer of her pregnancy in writing and lasting for six months after her return from maternity leave. This protection would also extend to other employees, including men, who return from adoption or shared parental leave.

If you are pregnant or currently on maternity leave and not sure of your maternity rights, call us today to book an appointment with Ben Stanton, Partner – Employment Law.