Currently, employers are required to priortise offering suitable alternative employment to employees on maternity leave, shared parental leave, or adoption leave before considering anyone else for redundancy.
Starting from 6 April 2024 this right will also extend to cover the period during pregnancy and for 18 months after taking relevant leave.
Who is protected and when?
- Pregnant employees
- Employees taking maternity leave
- Employees taking adoption leave
- Employees taking shared parental leave
Considerations for companies
- Employers are obligated to provide suitable alternative employment to protected employees if vacancies exist.
- Failure to do so may result in claims for automatically unfair dismissal and potential unlawful discrimination.
- Employers should evaluate vacancies across their organisations and revise family-friendly policies to accommodate these new rights.
- Line managers must be aware of their responsibilities concerning protected employees.
What should I do next?
If you need further information about the redundancy protection rights or support to ensure policies are compliant, feel free to reach out to us today by emailing CritchleysHR2@critchleys.co.uk.