The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 modifies the existing Employment Rights Act 1996 and introduces essential safeguards for a wider group of individuals during pregnancy or family leave.
Under the current law, those on maternity leave, adoption leave, or shared parental leave have special protection in a redundancy situation. They have the right, during their absence on one of those family leave periods, to be offered a suitable alternative vacancy, if one is available, before being made redundant. This gives employees on these types of leave priority access to redeployment opportunities over other redundant employees.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which will apply from April 2024, extends the priority status to pregnant employees and those who have recently returned from maternity leave, adoption leave, and shared parental leave.
The new protections will see an expanded period covering from when a woman tells her employer she is pregnant until 18 months after the birth. The 18-month window ensures that a mother returning from a year of maternity leave can receive 6 months additional redundancy protection. The 18-month window will also apply to all those listed above.
Albeit the law has not yet be applied, employers should now be updating their policies and procedures to reflect what will be law from next year. If you need support or help with this, or any other HR related matter, please contact Kingswood Group on 01245-204450 or email us on HR@kingswoodgroup.org
