The law has, for a long time, granted extra protection from redundancy to those on maternity, adoption, or shared parental leave. These employees have the right of first refusal for any suitable alternative roles in a redundancy situation. From April this protection has been extended and the below sets out the current position and how it is changing.
Pregnancy:
- Current position no extra protection.
- Pregnancy is changing to be protected from the date the employee informs you of her pregnancy for the full period of pregnancy.
- This will be taking effect from when you are informed, on or after 6th April 2024.
Maternity Leave:
- Currently protected during the period of absence on maternity leave only.
- This will be changing to them being 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 you in writing of the actual date during their maternity leave period.
- This will be taking effect from where the maternity leave ends on or after 6th April 2024.
Adoption Leave:
- This is currently protected during the period of absence on adoption leave only
- Adoption leave will be changing to be protected for the period of 18 months from the date of placement for adoption.
- This will be taking effect from where the adoption leave ends on or after 6th April 2024
Where an employee suffers a miscarriage before 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.
