In a significant move towards bolstering workplace protections for new parents, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is set to bring about substantial changes in employee rights - effective from 6th April 2024. These changes mark a pivotal moment in employment law, ushering in greater safeguards for pregnant employees and those returning from family-related leave.
Under the provisions of the new law, redundancy rights are extended to encompass a broader spectrum of circumstances surrounding pregnancy and family-related leave. From the moment an employee discloses their pregnancy to their employer, they are entitled to enhanced protections against redundancy. This safeguarding extends until 18 months following the expected week of childbirth, the child's birth date, or the date of adoption, for employees returning from maternity leave, shared parental leave, or adoption leave.
One of the most notable changes is the obligation imposed upon employers to offer suitable alternative employment to employees falling within these categories during a redundancy situation. Previously, this safeguard was primarily extended to employees on maternity leave, shared parental leave, or adoption leave. Now, pregnant employees also stand to benefit from this essential protection, a move that has been advocated by unions and the Labour party for some time.
However, with these significant changes on the horizon, it's imperative for organisations to be adequately prepared. Recent research by employment law and HR consultancy WorkNest revealed that a substantial majority of organisations lacked clarity regarding their new obligations once the law comes into effect. Therefore, proactive measures must be taken to ensure compliance.
The introduction of these enhanced redundancy protections reflects a broader societal shift towards inclusivity and equality in the workplace. Charities, MPs, and equality campaigners have long advocated for such changes, highlighting the prevalence and detrimental impact of pregnancy and maternity-related discrimination. The Equalities and Human Rights Commission's estimation of the annual cost of such discrimination - between £47 million and £113 million every year - underscores the urgency and necessity of these reforms.
Additionally, the failure to offer a priority employee a suitable alternative vacancy would mean the employee has a claim for an automatic unfair dismissal. This could result in an award of compensation that is not capped and therefore could be a significant sum.
