April 2024 Reforms: Expanding Redundancy Protection
New regulations came into force on 6th April 2024, significantly extending redundancy protection for employees who are pregnant or returning from family-related leave. For employers, understanding these changes is crucial to avoid costly and time-consuming claims.
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Redundancy & The Old Rules
For a dismissal to be fair, an employer must have a fair reason and follow a fair procedure. A genuine redundancy is one of the five potentially fair reasons for dismissal.
Under the previous rules, employees on maternity, adoption, or shared parental leave who were selected for redundancy had the right to be offered any suitable alternative vacancy first. This "Enhanced Protection" was limited to the duration of their leave.
The April 2024 Reforms Explained
The new regulations significantly extend this period of Enhanced Protection. The right to be offered a suitable alternative vacancy now applies for a longer period, covering pregnancy and a period of 18 months after birth or placement.
Key Reform: 18-Month Protection Period
The most significant change is that for employees whose maternity, adoption, or shared parental leave ends on or after 6th April 2024, the Enhanced Protection is extended to last for **18 months** from the date of the child's birth or placement.
Who is now covered by this extended protection?
- Pregnant Employees: Protection now starts from the moment an employee notifies their employer of their pregnancy.
- Maternity & Adoption Leave: Protection lasts from the start of leave until 18 months after the birth/placement.
- Shared Parental Leave: Employees taking 6 or more consecutive weeks of shared parental leave are protected until 18 months after the birth/placement.
- Miscarriage & Stillbirth: The reforms also provide better protection for employees who suffer a miscarriage after 24 weeks, who also benefit from the 18-month protection period.
Key Takeaway for Employers
It is vital for employers to be aware that once an employee with Enhanced Protection has been selected for redundancy, they must be prioritised for any suitable alternative vacancies. Failure to do so could expose the business to claims of automatic unfair dismissal and discrimination.
Frequently Asked Questions
No. You can still make a pregnant employee redundant if there is a genuine redundancy situation and you follow a fair selection process. However, if they are selected, you MUST offer them any suitable alternative vacancy in priority over other employees who are not protected.
A 'suitable' vacancy is one where the work is appropriate for the employee to do and the terms (e.g., pay, location, hours) are not substantially less favourable than their previous role. If there are multiple suitable roles, the employee has the right to be offered the choice.
The selection process itself must still be fair and objective. The Enhanced Protection only applies *after* the selection has been made. You should not exclude pregnant employees or those on maternity leave from your selection pool, but you must give them priority for alternative roles if they are ultimately selected for redundancy.
Ensure Your Business is Compliant
Navigating redundancy and employment law changes can be complex. Our solicitors for employers can provide expert advice to ensure your procedures are fair and legally compliant.
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