A law change which will extend redundancy protection for employees who are pregnant or returning from maternity, adoption or shared parental leave could reduce discrimination towards new and expectant parents, says a leading employment law expert.
Under current laws, employees who are on maternity leave, shared parental leave, or adoption leave are already afforded special protection against redundancies through a right to be offered a suitable alternative vacancy – if available – before redundancy.
That is set to be extended from April 6 under The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 which will cover pregnant employees and employees who have recently returned from maternity, adoption, or shared parental leave.
The change will provide pregnant employees not only with enhanced protection from redundancy from the time they inform their employer of their pregnancy, but this will also last for a period of 18 months after childbirth.
Those on adoption leave and shared parental leave are also protected for 18 months from the date of commencing adoption leave or shared parental leave.
Tina Chander, Head of Employment Law at Wright Hassall, believes this is a significant step for parents in the workplace.
She said: “The new legislation does not prevent employers from making employees redundant during this period, but it does afford new and expectant parents with priority status for redeployment opportunities for a much longer period than is in force currently.
“First and foremost, this is a hugely positive family-friendly step which empowers parents to take the leave they are entitled to, and know they have extended protection for a period of 18 months.
“Pregnancy and maternity discrimination is already unlawful. The current law also makes provision to allow employees to claim automatic unfair dismissal in circumstances where they have been dismissed because of pregnancy, maternity or one of the statutory family friendly leaves. With the law set to change, employers must start preparing now to ensure managers and decision makers are aware of the new rights before commencing a redundancy process.
“At the moment, I don’t think many are prepared for this. If they don’t invest in awareness training, their procedures and policies and offer priority redeployment, they will fall foul of the law and face employment tribunal claims.”
Tina Chander, who is Partner and Head of Employment at award-winning law firm Wright Hassall, is a qualified barrister and solicitor with extensive experience in employment law matters for both individuals and businesses.
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