New parents’ redundancy rights enhanced 

Employment rights in the UK have been significantly enhanced with the introduction of The Protection from Redundancy (Pregnancy and Family Leave) Act 2023.

With effect from 6 April 2024, this important legislation extends redundancy protections to include a wider range of employees, specifically those who are pregnant or returning from maternity, adoption, or shared parental leave.

This post is designed to highlight the key aspects of the Act, focusing on its implications for employees.

For further detail about the provisions of the Act, see the government’s summary

Redundancy protections extended

One of the most significant changes brought about by the Act is the extension of priority in redundancy situations. Previously, this priority was limited to employees on maternity, adoption, or shared parental leave. Now, the Act broadens this protection to include:

Pregnant employees: Protection commences from the moment you notify your employer of your pregnancy and extends until 18 months after the birth of your child. 

Employees who miscarry: If your pregnancy ends before the 24th week, protection starts from when you inform your employer about the pregnancy and lasts for two weeks after the pregnancy ends.

Adoption leave: Protection begins from the start of your adoption leave and continues for 18 months from the child’s placement, or for overseas adoptions, from when the child enters the country.

Shared parental leave: Protection starts from the beginning of the leave. If the leave taken is less than six weeks, protection ends with the leave. However, if six or more continuous weeks are taken, protection extends to 18 months from the child’s birth.

Implications for pregnant employees and new parents

The Act ensures that if you fall into any of the above categories and your role is at risk of redundancy, you are entitled to be offered suitable alternative employment before other employees who are also facing redundancy.

This does not mean that redundancy is completely off the table, but it does provide a significant layer of protection by prioritising your employment continuity.

It’s also worth noting that the Act does not extend similar protections to paternity leave unless shared parental leave is taken. This distinction highlights the focus of the Act on those taking a substantial period away from work for family reasons.

Advantages for pregnant women and new parents

If you’re a pregnant woman or new parent, the Act enhances your employment rights in redundancy situations.  Above all, it provides you with: 

Enhanced job security: The Act provides a buffer against redundancy, ensuring that your job is more secure during significant life events such as pregnancy and adoption.

Clearer information about your rights: Knowing your rights under the Act means you can engage in informed discussions with your employer, should your role become at risk of redundancy.

Fairer treatment: The Act aims to ensure fair treatment in the workplace, particularly in redundancy situations, thereby reducing the stress and uncertainty that can come with pregnancy and parental responsibilities.

Navigating your rights

While the Act provides robust protections, you’ll need to be proactive in ensuring you understand and can realise your rights. This includes:

• Notifying your employer: Ensure you formally notify your employer of your pregnancy and/or intended leave to activate these protections.
• Understanding your options: In the event of a redundancy situation, discuss the available suitable alternative roles with your employer, keeping in mind your rights under the Act.
• Seeking support: If you believe your rights under the Act are being violated, consider seeking legal advice to understand your options and ensure fair treatment.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 marks a significant step forward in employment rights, offering enhanced protections for employees during some of life’s most important moments. Understanding and utilising these protections can help ensure your career trajectory remains uninterrupted, even in the face of potential redundancy.