Employment rights during pregnancy and when looking after a newborn baby are a concern for impending and new parents under any circumstances. Financial worries and job security can impact on a pregnant woman’s health, a new mother’s health, the health of a newborn baby and also the health of a partner on shared parental leave. However, all these concerns are magnified when your employer is considering a redundancy situation.
Redundancy can be a complex situation to navigate at any time, but this is particularly the case when you have an extra mouth to feed and are required to concentrate all your efforts on bringing a healthy new baby into the world. The 1996 Employment Rights Act put special protections in place to ensure pregnant employees had specific legal rights, and these were updated in April 2024. This relates to a redundancy protection period (RPP).
The redundancy protection period
In a redundancy situation, an employer must offer contracted employees a suitable alternative vacancy, and they are therefore protected from possible redundancy, if the employee is:
- Pregnant
- Taking maternity leave
- Taking shared parental leave
- Taking adoption leave
- Taking neonatal care leave
This doesn’t apply to employees on paternity leave, or pregnant employees who are agency workers, casual workers or on zero-hours contracts.
What is the redundancy protection period?
The RPP is the length of time that a qualifying employee is protected from the redundancy situation, and therefore must be offered an alternative position, and this will depend upon:
- The type of leave an employee is taking
- When an employee informs the employer of the pregnancy
New protections as of 6th April 2024
As of 6th April 2024 RPP for pregnant mothers was extended. It now starts when the employee informs the employer they are pregnant and ends 18 months from the exact date the baby is born. If the employer is not informed of the exact birth date, the expected birth date will be used.
So, if a pregnant employee had a baby in November 2024, for example, and in February 2026 was selected for redundancy, this would be less than 18 months from the birth. The employee is therefore protected and must be offered a suitable alternative position by the employer, should there be one.
Any alternative employment offered must be fair and reasonable and based on the skills, knowledge and experience the employee already possesses. They should not be expected to undergo a significant amount of additional training. If the alternative position offered is not considered fair and reasonable, there may be grounds to say that the RPP has been breached and the employee could start a claim for unfair dismissal or discrimination, and that redundancy was effectively forced upon them.
Protections in the event of miscarriage and stillbirth
In the event of a miscarriage or stillbirth, the rules are slightly different. RPP will still start when the employee informs the employer they are pregnant, but then:
- If the employee miscarries within the first 24 weeks of pregnancy RPP will end two weeks from the end of the pregnancy, and therefore the employee would then be exposed to possible redundancy.
- If the baby is stillborn after 24 weeks of pregnancy, RPP remains in place for 18 months from the date of birth.
Protections for employees taking shared parental leave
The rules relating to shared parental leave were also changed from 6th April 2024. RPP will start on the day that shared parental leave begins, but changes thereafter:
- If an employee takes less than six weeks of shared parental leave, RPP will end on the last day of the block of leave taken.
- If an employee takes six or more weeks of continuous leave, RPP will end 18 months from the date of the child’s birth.
Contact Consilia Legal for help with redundancy protection periods
If you are pregnant, a new mother or a new parent on shared parental leave and are facing a redundancy situation, contact our team at Consilia Legal for assistance and support with understanding your legal position. We can explain the protections you have and how you should respond to your employer in all discussions. Make sure you take advantage of all the protections you have and contact our employment law team at Consilia Legal today.