Redundancy rights for employees on maternity leave, when pregnant or for those returning from family-related leave changed on 6 April 2024, meaning greater protections for new parents.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends redundancy rights so they apply:
- from the point an employee informs their employer they are pregnant
- until 18 months after the expected week of childbirth, the child’s birth date, or date of adoption, for employees returning from maternity leave, shared parental leave or adoption leave.
Redundancy rights on maternity leave
This means that during this period, employees who fall into these categories have the right to be offered suitable alternative employment in a redundancy situation.
How do redundancy rights change?
Under previous rules, employers had an obligation to offer an employee on maternity leave, shared parental leave or adoption leave a suitable vacancy (if there is one), during a redundancy exercise.
The new law, which gained Royal Assent in May 2023 and came into force on 6 April, enables pregnant employees to gain the same protections – something unions and the Labour Party have called for for some time.
It came into effect alongside several other family-friendly changes to legislation, including changes to the right to request flexible working, paternity leave changes and the right to a week’s carer’s leave.
Preparing for the new redundancy rights on maternity leave
Research last year by employment law and HR consultancy WorkNest found that more than two-thirds of organisations were not clear about their new obligations once the law changed.
In preparation for the changes to maternity redundancy protections, organisations should review their policies and procedures to ensure they cover those on maternity, adoption or shared parental leave.
April 2024 changes
An HR things-to-do list for April 2024
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They should also make sure managers know that the rules apply from the moment an employee informs them of a pregnancy.
In practice, the changes will double the current period of redundancy protection for those on maternity leave from one year to around two years, assuming an employee tells their manager of their pregnancy at around 12 weeks.
With this in mind, employers should consider how this will impact any redundancy pool or redeployment of roles during a restructuring exercise.
Why are changes to maternity redundancy protections being introduced?
Charities, MPs and equality campaigners have long pressed for changes to redundancy protection laws to make them more inclusive.
The Equalities and Human Rights Commission has previously estimated the cost of pregnancy and maternity-related discrimination at between £47 million and £113 million every year.
In October 2022, supermarket chain Morrisons was ordered to pay £60,000 in a sex discrimination case where a worker was asked to take on full-time responsibilities when she returned to work after the birth of her second child, despite only having a part-time contract.
The pandemic also highlighted the inequalities women face in the labour market, with a report from the Women and Equalities Committee recommending that the government introduce legislation to extend people’s redundancy rights when pregnant and for new mothers.
This article was originally published on 22 March and updated on 6 April 2024.
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