On 8th March 2024, the new Paternity Leave (Amendment) Regulations come into force. The Regulations will change the way paternity leave is dealt with, particularly in relation to the require
On 6th April 2024, the new Protection from Redundancy (Pregnancy and Family Leave) Act (the “Act”) comes into force.
The Act serves to provide further protection to certain categories of employees in the event an employer seeks to make redundancies in the workplace. The Act will protect those employees who are pregnant or on maternity leave, adoption leave or shared parental leave, when placed in a redundancy situation.
Prior to the Act coming into force on 6th April 2024, employees on maternity leave, shared parental leave or adoption leave already have the right to be offered a suitable alternative vacancy (if a role is available), before being made redundant. However, under the new Act, this protection will extend to pregnant employees and those employees who have recently returned from maternity leave, adoption leave and shared parental leave. As such, the Act seeks to protect these employees by granting them priority to redeployment opportunities, over other employees at risk of redundancy.
Pregnancy
Under the new Act, employees who are pregnant will be afforded protection from the date they inform their employer of the pregnancy, until 18 months after the expected week of childbirth or the child’s birth date. The change will take effect where the employer is informed of the pregnancy on or after 6th April 2024.
Maternity leave
Employees are currently protected from redundancy during the period of their maternity leave only. However, where the maternity leave ends on or after 6th April 2024, employees will be protected for a period of 18 months from the first day of the expected week of childbirth (EWC). This date can be altered to the actual date of birth if the employee informs the employer of this in writing during their maternity leave.
Adoption leave
Protection is currently afforded to those on adoption leave for the duration of the adoption leave. The Act will provide further protection to those employees whose adoption leave ends on or after 6th April 2024, to protect them for a duration of 18 months from the date of the placement for adoption.
Shared parental leave
Employees on shared parental leave are currently only provided protection during the period of absence on shared parental leave. However, under the new Act, where an employee takes at least 6 continuous weeks of shared parental leave (with a view to such leave starting on or after 6th April 2024), the employee will be protected for 18 months from the birth/placement for adoption. However, this protection will not apply where the employee is protected under either the maternity or adoption provisions detailed above. If the employee takes less than 6 weeks’ shared parental leave, they will only be protected whilst on shared parental leave.
Employees who suffer miscarriage or stillbirth
If an employee suffers a miscarriage before 24 weeks of pregnancy, they will be protected during their pregnancy and for a period of two weeks following their miscarriage.
However, if the miscarriage is suffered after 24 weeks of pregnancy, it will be classed as a stillbirth and the employee will be entitled to maternity leave and afforded the same protection as those on maternity leave, as detailed above.
Please note that this is a very brief summary of the new protection from redundancy rights. The contents of this article do not constitute legal advice. If you require any further information please contact us at employment@berrysmith.com or on 02920 345 511.