Protection from Redundancy (Pregnancy and Family Leave) Act 2023
This Act extends the redundancy protection period for pregnant employees and those returning from maternity, adoption, or shared parental leave.
Who is affected: Pregnant employees, employees on or returning from maternity leave, adoption leave, or shared parental leave, and their employers
What Changed
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 amends the Employment Rights Act 1996 to extend the 'protected period' during which employees at risk of redundancy must be offered any suitable alternative vacancy in preference to other employees. Previously, the protection applied only during maternity, adoption, or shared parental leave itself. The Act allows regulations to extend the protected period to cover: (a) the period of pregnancy from the date the employee notifies her employer; and (b) a period after the end of maternity, adoption, or shared parental leave. The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 extended the post-leave protection to 18 months from the expected week of childbirth (or placement for adoption).
What To Do
Employers conducting redundancy exercises must identify all employees within the extended protected period (including those who are pregnant but may not yet be on leave, and those within 18 months of their expected due date or adoption placement date) and offer them suitable alternative vacancies on a priority basis. Failure to comply makes any resulting dismissal automatically unfair. Employees who believe they have been disadvantaged in a redundancy process during the protected period should consult an employment solicitor promptly, as Employment Tribunal time limits are strict.