The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will allow for the extension of existing redundancy protections while on maternity, adoption or shared parental leave to also cover pregnancy and a period of time after a new parent has returned to work.
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 were laid before Parliament on 11 December 2023. They will extend redundancy protection during pregnancy and for the period of 18 months after the birth or placement of a child for those taking maternity, adoption or shared parental leave.
For pregnancy situations, employees' redundancy protection will start when an employee tells their employer about their pregnancy (the new rules will apply where the employee notifies their employer of their pregnancy on or after 6 April 2024). If the employee is entitled to statutory maternity leave, the protected period of pregnancy will end on the day the statutory maternity leave starts. If the pregnancy ends and they are not entitled to statutory maternity leave, the protected period ends two weeks after the end of the pregnancy.
For those on maternity leave, the additional protected period will end 18 months after the expected week of childbirth, unless the employee has informed the employer of the date of their child's birth, in which case the additional protected period will end 18 months after that date. For those on adoption leave, the additional protected period ends 18 months after the child's placement or the date they enter Great Britain (in the case of overseas adoptions). In relation to both maternity and adoption leave the period of protection will apply to leave ending on or after 6 April.
Finally, for those taking six or more consecutive weeks of shared parental leave but who have not taken maternity or adoption leave, the additional protected period ends 18 months after the date of the child's birth or placement (or the date they enter Great Britain). The period of protection under the regulations will apply to a period of shared parental leave starting on or after 6 April.
