The Question:
What new rights are available to employees on maternity leave, shared parental leave and adoption leave?
The Answer:
The regulations are not expected to come into force before April 2024 but employers should be aware of them so they can plan forward.
Under the new law, pregnant employees will receive further protection against redundancy during maternity leave. Thereafter, new parents will have extended protection during shared parental leave and adoption leave. The duty to offer suitable alternative employment will be extended.
This means:
- That during a redundancy scenario where an employer proposes to dismiss an employee who is on maternity, shared parental or adoption leave, employers will be obliged to offer them suitable alternative jobs in preference to other employees.
- Employees returning from maternity, adoption and shared parental leave can be protected for up to 18 months after the birth of the child. This means they will be receiving redundancy protection for an additional 6 months.
- The “protected period of pregnancy” is likely to start when the employee informs the employer of their pregnancy, and is likely to end 6 months after returning from maternity, adoption and shared parental leave.
- Once Regulations are introduced, more details are expected, in particular dealing with employees who have suffered a miscarriage.
The Risk/Threat:
Unless the redundancy process has been handled fairly, and has complied with the new laws, there is a substantial and serious risk of unfair dismissal claims but more importantly, sex discrimination which attracts unlimited damages. Coupled with the legal costs, these are serious financial consequences.
What you need to do:
When presented with a redundancy situation which involves pregnant employees, those on maternity leave or returning from maternity, adoption or shared parental leave, employers are strongly advised to obtain professional HR advice to ensure they handle the process fairly. We can advise you and handle the process for you to ensure these pitfalls are avoided.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 0116 274 9193.
