Extended Safeguards – Parents in the Workplace

Nicola Welchman, Partner at Bloomsbury Square Employment Law, explains the recent changes brought by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which came into effect on April 6, 2024. This Act enhances protections for new and expectant parents by providing stronger safeguards against redundancy.

Under this Act, pregnant employees are protected from redundancy from the time they notify their employer of their pregnancy until 18 months after the child’s birth. For those adopting, the protection extends from the beginning of adoption leave to 18 months after the placement. Similarly, for shared parental leave, protection lasts from the beginning of shared parental leave to 18 months after (if more than 6 continuous weeks are taken).

Expanding Protection Periods

While this Act doesn’t guarantee absolute immunity from dismissal or redundancy, it ensures that protected employees, should be prioritised for suitable roles over other staff at risk of redundancy if redeployment opportunities are available. Previously, protection extended only during leave periods, such as maternity leave, typically giving 12 months of protection. Now, this protection encompasses periods of pregnancy, including after a parent returns to work.

Unlike some European countries where dismissal after parental leave is generally prohibited, the Act does not prevent an employee on maternity leave from being made redundant. However, in the event of redundancy, the protected parent must be offered suitable alternative roles if available.

These changes aim to provide returning parents with greater job security and shield them from potential job losses and discrimination.

Research by the TUC suggests that retaining returning parents benefits employers by maintaining a skilled and diverse workforce, potentially increasing profitability and productivity.

Balancing Employer Needs and Parental Rights

Employers should not view these regulations as overly restrictive. Circumstances within a company can change significantly over a 12-month period, there may be cutbacks or structural adjustments that lead to redundancies. If a role is made redundant and a new role is created, the Act does not require a protected parent to be automatically placed in that role.

Instead, if the role is selected for redundancy, the protected parent should be prioritised for redeployment opportunities. However, this does not mandate that an employer must provide an alternative, nor does it force the employee to accept it.

As an employment lawyer representing employees, I believe the most significant change is the earlier protection afforded to pregnant employees. In my practice, I often advise clients on redundancy issues during their second trimester, a period when finding alternative roles can be challenging, and it’s too early to access maternity payments like Statutory Maternity Pay (SMP).

Overall, I anticipate the Regulations present some challenges for employers, particularly in situations where multiple employees have simultaneous protection. This could require employers to implement a fair and measurable selection process between affected employees and one which avoids any potential discrimination based on pregnancy or maternity leave status.