Over the next week, we will provide you with a series of short blogs on the key employment law changes that are being introduced at the beginning of next month. This blog will specifically focus on the changes to the law in relation to redundancy that are due to come into force on 6th April 2024. This is the fifth and final blog in our series; please find the blogs on other upcoming changes here.
Redundancy rights for employees on maternity leave, when pregnant, or for those returning from family-related leave are changing from 6 April 2024, meaning greater protections for new parents. Extra redundancy protections are afforded in law already to those on maternity, adoption, or shared parental leave, however, these protections will be further extended at the beginning of next month.
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.
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.
It is important to note that if an employee suffers a miscarriage before 24 weeks of pregnancy, they will also have protection during their pregnancy and for a two-week period following the miscarriage. If they miscarry after 24 weeks of pregnancy this is classed as a still birth, they are entitled to maternity leave and will have the same protection as any other employee taking maternity leave.
What Employers Need to Do?
- Employers should check any redundancy policy and update it to reflect the extension of the protection.
- Given the lengthy 18-month period of protection, it is important for employers to keep track of those who have taken leave in relation to making redundancies.
- Ensure that managers are aware of these changes in order for these to be reflected into redundancy proposals at a formative stage.
Navigating employment matters in the workplace can be complex and challenging. Our experienced Employment Law specialists are here to help you every step of the way. We take the time to understand your unique situation, listen to your concerns, and provide tailored solutions that make a real difference. If you are looking for more than just great law, we invite you to contact us today at 0141 221 1919 to find out how we can help.
