Updated protection from redundancy legislation

Following the updated Protection from Redundancy Act 2023, additional legislation will come into effect from 6 April 2024.

28 March 2024

Employees on maternity leave, as well as those on adoption leave and shared parental leave, currently have the right to be offered any suitable alternative vacancy in a redundancy situation. 

From 6 April 2024 this redundancy protection is extended to employees who are pregnant, but have not yet gone on maternity leave. Also, the protection is extended to those who have recently returned to work from maternity leave, as well as those who have recently returned from adoption leave and a period of six weeks or more shared parental leave.

If an employee is entitled to the extended redundancy protection, they will have the right to be offered a suitable alternative post (if there is one) if their job is at risk of redundancy from the point they notify their employer of pregnancy and for 18 months from the expected week of childbirth. The protection also applies to a pregnant employee who is not entitled to maternity leave for example an employee who has a miscarriage before the end of the 24th week of pregnancy. They are protected during pregnancy from the date that they notify their employer until two weeks after the end of the pregnancy.

Next steps for employers:

Employers will need to review local policies and procedures in partnership with staff side colleagues to ensure compliance with the legislative changes.  

Further information:

You can read the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024