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17 Aug Extra Protection From Redundancy: New Rights For Pregnant Workers And Those Returning From Family-Related Leave.

From July 2023, the Protection Redundancy (Pregnancy & Family Leave) Act 2023 (Act) will allow the government to implement new protection for certain employees.

Extra Protection From Redundancy

In a quick summary, the Act is effective, but regulations will follow in 2024. The Act gives enhanced rights to those who are pregnant or who have recently returned from parental leave to priority for redeployment in redundancy scenarios.

Prior to July 2023, women on maternity leave and employees on shared parental leave or adoption leave have had a level of priority over employee colleagues who may also be at risk of redundancy too. In basic terms, if a woman is on maternity leave, she has the right to be given a suitable alternative role over other employees – a breach of that obligation would attract a claim for auto-unfair dismissal.

So, what exactly could the Act do?

It extends the protection in place now to:

  1. Start from:
    a) the moment the employer is notified of the pregnancy; and
    b) runs for longer – perhaps even 18 months after the baby is born; and

  2. Similar protection may well be widened to cover those taking on, or returning from, adoption leave or shared parental leave (excluding paternity leave).
     

What does this mean for employers?

More specific regulations will follow, albeit they’re unlikely to be in place until 2024. We will update you when we know more.

In the meantime, be aware that when consulting on redundancy you may need to consider these new changes - following:

  1. the longer period of protection;
  2. the wider groups protected (see above); and
  3. when offering alternative terms and/or consulting generally on redundancies.

Remember, when offering suitable alternatives, the right of priority is triggered after selection – they can still be placed in the process with extra care for enhanced protection in mind. Also, you have to show an actual ‘offer’ when the rules apply, not a right to apply, there is a big difference in law.

Posted by Lee Stephens

Lee Stephens heads up the team with the help of his co-Directors, Lee has practiced as a specialist employment Solicitor for almost 20 years now, formerly as a Partner with a leading UK law firm Lee Stephens advises SME’s to PLCs and he has a wealth of experience in successfully helping businesses with all aspects of employment law from the day to day to complex reorganizations, TUPE, senior executive removals and disputes through to Tribunal too. KEY AREAS OF WORK Lee has significant experience on:- Post termination and confidentiality breaches and injunctive relief work TUPE transfers and consultations; Senior executive disputes and removals Re-organizations and restructures in various sectors from healthcare, manufacturing to independent schools Agency and self-employed contracts and related claims Employment Tribunal defence and claims Lee has spoken on invitation on various aspects of employment law for various groups across the UK. Using his knowledge and experience Lee solves problems for clients and provides excellent service too. Lee also undertakes his own advocacy and delivers management training workshops and he has particular experience working with clients within the Private School, Veterinary, Care, Recruitment and Production, Logistics & Manufacturing sectors.

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