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What is the Protection from Redundancy (Pregnancy and Family Leave) Act?
Written by Olivia Board on 24 May 2024
The prevalence of pregnancy or maternity discrimination leading to women leaving their jobs is concerning. Now, new legislation offers hope and reassurance for expectant and new parents, giving them more time to adjust to their new family life without the added stress of potential job loss.
So what is the Protection from Redundancy (Pregnancy and Family Leave) Act 2023? What led to this change and legislation, and how might this impact employers?
The background
Under Regulation 10 of the Maternity and Paternity Leave Regulations 1999, if a woman on maternity leave is being made redundant, her employer must offer her any suitable job vacancies that are available. This new job should match her skills and have similar or better terms compared to her previous job.
Moreover, if such a role exists, she should be given priority over other colleagues who are also at risk of redundancy. Similar protections apply to those on adoption leave and shared parental leave.
If the employer fails to comply with these requirements, the employee may have grounds for an unfair dismissal or pregnancy discrimination claim.
Despite these protections, research from the Equality and Human Rights Commission found that around one in nine mothers (11%) were either dismissed, made compulsorily redundant (where others in their workplace were not), or treated so poorly they felt they had to leave their job. If scaled up to the general population, this could mean as many as 54,000 mothers a year are pushed out of the workplace.
Similarly, a poll conducted by the Trades Union Congress during the pandemic found that one in four women who were pregnant or on maternity leave had experienced unfair treatment at work, including being singled out for redundancy or furlough.
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The legislation
In 2019, the UK government announced plans to extend redundancy protection for pregnant employees to cover up to six months after their maternity leave ends (previously, it only covered the maternity period). Similar extensions were planned for adoption leave and shared parental leave.
The Bill received Royal Assent in May 2023, becoming the Protection from Redundancy (Pregnancy and Family Leave) Act 2023. To put the Act into practice, additional Regulations were needed. These Regulations were approved by Parliament on 28 February 2024 and came into effect on 6 April 2024, meaning these extended protections now apply across all workplaces.
What is the Protection from Redundancy (Pregnancy and Family Leave) Act 2023?
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends the time during which pregnant women and those on adoption leave and shared parental leave are protected from redundancy.
- For pregnancy cases, the protected period runs from the point the employee tells their employer of the pregnancy and either ends when statutory maternity leave starts or, if they are not entitled to maternity leave, two weeks after the end of the pregnancy. This applies where employees have notified the employer of pregnancy on or after 6 April 2024.
- For maternity leave, the protected period starts when statutory maternity leave starts and ends 18 months after the expected week of childbirth, unless the employee informed the employer of the date of the child’s birth, in which case the period will end 18 months after that date. This applies where the statutory maternity leave ends on or after 6 April 2024.
- For adoption leave, the protected period ends 18 months after the child’s placement or the date they enter Great Britain (in overseas adoption cases). This applies where the statutory adoption leave ends on or after 6 April 2024.
- For shared parental leave, where the employee is taking six or more consecutive weeks of shared parental leave but has not taken maternity or adoption leave, the protected period ends 18 months after the date of birth or child’s placement. This will apply to a period of six consecutive weeks of shared parental leave that starts on or after 6 April 2024.
Impact on employers
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 sends a message to employers that pregnancy and maternity discrimination will not be tolerated. By extending the redundancy protection period, it forces employers to be more diligent in their redundancy processes and ensure they are not unfairly targeting employees on maternity, adoption, or shared parental leave.
Here are the key impacts on employers:
- Increased administrative responsibilities: Employers must keep detailed records of employees’ leave periods and ensure they are aware of the extended protection timelines. This requires careful tracking of when an employee informs them of their pregnancy and the relevant start and end dates of maternity, adoption, or shared parental leave.
- Priority in redundancy processes: When considering redundancies, employers must give priority to employees on maternity, adoption, or shared parental leave for any suitable alternative roles. This means they need to review and possibly adjust their redundancy selection criteria to comply with the new regulations.
- Risk of legal claims: Failure to comply with the extended protections can result in claims of unfair dismissal or pregnancy and maternity discrimination. Employers need to ensure their redundancy processes are fair and legally compliant to avoid costly legal disputes.
- Workplace culture and morale: Implementing these protections can positively impact workplace culture by demonstrating a commitment to supporting employees during critical life events. This can improve morale, loyalty, and retention among employees who feel more secure and valued.
- Training and awareness: Employers will need to invest in training for HR staff and managers to ensure they understand these legislative changes and how to implement them effectively. This includes educating them on the importance of these protections and the legal implications of non-compliance.
- Review and update policies: Employers must review and update their current redundancy and leave policies to align with the new Act. This includes revising employee handbooks, contracts, and redundancy procedures to reflect the extended protection periods.
By taking these steps, employers can not only comply with the new legislation but also foster a more inclusive and supportive work environment for expectant and new parents.
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