Additional redundancy protection cover for pregnant employees, employees taking maternity leave, adoption leave or shared parental leave, was introduced on 6 April 2024.

If there are any suitable alternative vacancies in a redundancy situation, an employer must offer them to employees who have this redundancy protection (in priority over other employees).

The timing of the protection is as follows:-

• protection begins when an employee informs her employer that she is pregnant and protection ends 18 months from the date of birth. In the event of a miscarriage within the first 24 weeks of pregnancy, protection ends within 2 weeks and in the event of a stillbirth after 24 weeks of pregnancy, protection ends after 18 months from the stillbirth

 

• protection begins from the date of adoption placement or the date the child entered Great Britain (if an overseas adoption) and ends 18 months later

 

• taking shared parental leave triggers protection immediately. If less than 6 weeks is taken, protection ends on the last day of a block of leave. Alternatively, if 6 weeks or more continuous leave is taken, protection ends 18 months following childbirth or an adoption placement.

Employment Rights Bill

It is also proposed, under the Employment Rights Bill, published on 10 October 2024 that there will be additional protections against dismissal of employees during or after a protected period of pregnancy, extending the above protections on redundancy. It is further proposed to extend protection in respect of dismissal after a period of maternity, adoption or shared parental leave.

The Government has not yet announced a date when changes outlined in the Employment Rights Bill will become law but it may not be until Autumn 2026.

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or [email protected].

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

 

The above does not constitute legal advice.