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From April 2024, new laws will increase the protection from redundancy available to anyone pregnant or returning from maternity, adoption or shared parental leave.
Currently, before making anyone on maternity, adoption or shared parental leave redundant, you must offer them a suitable alternative vacancy, where one is available, before their contract ends.
This takes priority over the general requirement to offer suitable alternative positions to other employees at risk of redundancy.
From 6 April, new laws will extend the period during which employees in Great Britain must be offered a suitable alternative vacancy:
- Pregnant employees
The protection period starts from the point they tell you that they’re pregnant.
- Employees not entitled to statutory maternity leave (e.g. due to miscarriage during the first 24 weeks of pregnancy)
The protection period ends 2 weeks after the end of the pregnancy.
- Employees returning from statutory maternity leave
The protection period lasts until 18 months after either the child’s date of birth (if you’ve been informed of it) or the first day of the expected week of childbirth (if you haven’t).
- Employees on shared parental leave
the protection period lasts until 18 months after the child’s date of birth or adoption placement, if the employee takes at least 6 consecutive weeks of shared parental leave and doesn’t take any maternity or adoption leave.
- Employees on adoption leave
The protection period lasts until 18 months after the child’s adoption placement or the date they enter Great Britain (in the case of overseas adoptions).
