PROTECTION FROM REDUNDANCY (Pregnancy and Family Leave) ACT 2023

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023

• From 6 April 2024, employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation.

• Under the current law, employees on maternity leave, shared parental leave or adoption leave already have special protection in a redundancy situation. They have the right to be offered a suitable alternative vacancy, if one is available, before being made redundant. This gives employees on these types of leave priority access to redeployment opportunities over other redundant employees.

• The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends the priority status to pregnant employees and those who have recently returned from maternity/adoption leave and shared parental leave.

Who is protected and when?

 What do we need to do to prepare?

• Training and awareness are key for those dealing with redundancies. It will be easy to inadvertently fall foul if a manager involved is unaware of the right or unaware of an available vacancy. Employment claims involving a breach of this right are likely to include automatic unfair dismissal and pregnancy/maternity discrimination elements (with potentially uncapped compensation).