Enhanced redundancy protection for pregnant employees and those returning from family leave

Implementation date: 6 April 2024

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 provides for greater protection against redundancy during pregnancy and on return to work from maternity leave, adoption leave and shared parental family-related leave.

The Government has published the final version of the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (SI 2024/264) to implement these reforms. The final regulations were published on 5 March 2024 and come into force on 6 April 2024.

The Regulations extend the redundancy protection period so that it applies:

• for pregnant employees, from the point they inform the employer that they are pregnant; and
• for employees returning from maternity leave, adoption leave or shared parental leave, until 18 months after the expected week of childbirth, date of the child's birth, or date of the adoption placement.

During the protected period, employees have the right to be offered suitable alternative employment in a redundancy situation.