By Jason Frater

Redundancy protection laws have long offered extra safeguards for employees on maternity, adoption, or shared parental leave. These employees have the right of first refusal for any suitable alternative roles in a redundancy situation. However, recent changes are expanding these protections. Here’s what you need to know about the new regulations and how they impact your redundancy policies.

Understanding the Changes

From this month, redundancy protection has been extended. Below, you’ll find a summary of the current positions and the upcoming changes.

Current Position Changes Effective Date
Pregnancy No protection Protected from the date the employee informs the employer of her pregnancy for the full period of pregnancy
Maternity Leave Protected during the period of absence on maternity leave only Protected for 18 months from the first day of the estimated week of childbirth (EWC). The 18-month period can be adjusted to start from the child’s actual date of birth if the employee informs the employer in writing during maternity leave.
Adoption Leave Protected during the period of absence on adoption leave only Protected for 18 months from the date of placement for adoption.
Shared Parental Leave Protected during the period of absence on shared parental leave only Protected for 18 months from birth/placement for adoption provided the employee has taken at least six continuous weeks of shared parental leave. This protection does not apply if the employee has maternity or adoption protection.

Additionally, employees who suffer a miscarriage before 24 weeks of pregnancy will have protection during their pregnancy and for two weeks following the miscarriage. If a miscarriage occurs after 24 weeks, it is classified as a stillbirth. These employees are entitled to maternity leave and will receive the same protection as any other employee on maternity leave.

What Do You Need to Do?

  1. Update Your Redundancy Policy
    If your redundancy policy includes redundancy protection, update it to reflect these extensions. Ensure the new protections are clearly stated.
  2. Monitor Employee Records
    Consider adding flags to employee records indicating their period of extended protection to prevent overlooking them in redundancy scenarios
  3. Inform Managers
    Ensure that managers are aware of the extended protections. They need to factor this into redundancy proposals from the beginning.

By updating your policies and informing your team, you can navigate redundancy situations better and stay compliant with the latest legal requirements. 360 Business Law Employment Lawyers can assist you with this.

 

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