From 6 April extra protection in the context of redundancy to those on Maternity, Paternity or Shared Adoption leave is being extended. They have the right of first refusal for any suitable alternative roles in a redundancy situation.
Key facts around Redundancy Protection
- Pregnancy:
Currently: No protection.
Changes: Protected from the date the employee informs the employer of her pregnancy for the full period of pregnancy. Effective where the employer is informed of the pregnancy on or after 6 April 2024. - Maternity Leave:
Currently: Protected during the period of absence on maternity leave only.
Changes: Protected for 18 months from the first day of the estimated week of childbirth (EWC). The 18-month period can be altered to start from the child’s actual date of birth where the employee informs the employer in writing of the actual date during their maternity leave period. Effective where the maternity leave ends on or after 6 April 2024. - Adoption Leave:
Currently: Protected during the period of absence on adoption leave only.
Changes: Protected for the period of 18 months from the date of placement for adoption. Effective where the adoption leave ends on or after 6 April 2024. - Shared parental leave:
Currently: Protected during the period of absence on shared parental leave only.
Changes: Protected for 18 months from birth/placement for adoption provided that the employee has taken a period of at least six continuous weeks of shared parental leave. This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above. Protected during period of absence on shared parental leave only (as now) if fewer than 6 consecutive weeks of leave are taken. Effective from where the period of six continuous weeks of shared parental leave starts on or after 6 April 2024. - Miscarriage:
Currently: No protection if the employee suffers a miscarriage any time before the end of 24 weeks of pregnancy. If they miscarry after 24 weeks they are entitled to current maternity leave protection.
Changes: Where an employee suffers a miscarriage before the end of 24 weeks of pregnancy, they will have protection during their pregnancy and for a two-week period following 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.
Suggested action for Employers
- If you have a redundancy policy and it already refers to redundancy protection, update it to reflect the extension of protection.
- Make sure employees who have taken leave do not get forgotten in a redundancy scenario (which is possible given the lengthy period 18-month period of protection). Consider placing flags on employee records against those who have taken leave setting out their period of extended protection.
- Inform managers of the extension of this special status so that it can be factored into redundancy proposals at a formative stage
If you’re a business that needs support navigating the new Redundancy Protection changes don’t hesitate to reach out.
