What is the Protection from Redundancy (Pregnancy and Family Leave) Act?

Many employees have personal care responsibilities that they balance with their work duties. These include caring for children, elderly parents, or even unborn babies.

The government have recently introduced the ‘Protection from Redundancy (Pregnancy and Family Leave) Act 2023’. Their aim is to provide further support to employees with family commitments whilst going through business reshuffles and closures.

Let’s look at what the Protection from Redundancy Act 2023 includes, and what the consequences are for not complying with the new law.

What is the Protection from Redundancy (Pregnancy and Family Leave) Act?

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is legislation that protects employees who are pregnant or on family leave from being made redundant.

The act came into force on the 6th of April 2024 under employment law – outlining legislative duties for both employees and businesses during redundancies.

Under the new act, pregnant employees now have redundancy protection. Previously, employees on maternity, adoption, and shared parental leave only had this protection during their absence.

Depending on the leave request, employees are entitled to certain types of redundancy rights. Let’s take a deeper look into the Protection from Redundancy (Pregnancy and Family Leave) Bill:

Maternity protection from redundancy

Employees who are on maternity leave now have protection from redundancy from the start of their leave date. It lasts for 18 months after the expected week of their baby’s birth. Many employees amend birth dates when they have a more accurate day.

Pregnancy protection from redundancy

Under the new act, pregnant employees now have protection from redundancy. This legal protection starts from the first day they declare their pregnancy to their employer. It ends 18 months from the exact date of their baby’s birth.

Shared parental protection from redundancy

Employees on shared parental leave have redundancy protection for 18 months from the start of their absence. This only applies if individuals have taken at least six continuous weeks of shared parental leave.

It’s important to note that if an employee already has redundancy protection through maternity or adoption provisions, their shared parental leave rights will not apply.

Adoption protection from redundancy

Employees on adoption leave now have redundancy protection from the start of their leave date. This date is usually the same as the child’s placement date or the one when they enter Britain (in overseas cases).

Miscarriage protection from redundancy

Employees who suffer from miscarriages after 24 weeks of pregnancy now have redundancy protection. This period extends from the time they announce their pregnancy to two-weeks following their miscarriage.

If an employee suffered from a miscarriage before 24 weeks of pregnancy, it’s classed as a stillbirth. Here, they’re entitled to maternity leave where relevant redundancy protection rights still apply.

Are carers have protection from redundancy?

The Protection from Redundancy (Pregnancy and Family Leave) Act doesn’t apply to employees who are carers.

However, under relevant carers’ legislation, they’re entitled to five days of unpaid leave per calendar year. (The five days is in reflection of their working week). Carer employees can take their leave altogether or as half-days.

Employers cannot ask them to provide evidence for their carer’s leave eligibility. You also cannot decline their requests to take carer’s leave. Employers can delay requests if they reasonably believe their absence will affect regular business operations.

What happens if you don’t comply with the new Protection from Redundancy Act?

If employers fail to comply with the Protection from Redundancy (Pregnancy and Family Leave) Act, they could face serious legal and financial consequences.

Employees could decide to raise unfair dismissal or discrimination claims if they believe they were treated unlawfully during or after their family leave. Successful claims could result in businesses paying compensation – even unlimited amounts (depending on the situation).

Employers may also face a loss in production, income, and even valuable staff. Reputational damage usually follows tribunal cases (successful or otherwise). It’s advisable to ensure your business remains compliant with the new laws on family leave. And demonstrate this through your work cultures, procedures, and documentation.

Get expert advice on the Protection of Redundancy (Pregnancy and Family Leave) Act with Peninsula

The new Labour government is focused on improving working conditions to better support employees – especially those with family commitments. Whilst these laws are still fresh, it’s crucial for all businesses to keep compliance with their new legal obligations.

Peninsula offers expert advice on the Protection from Redundancy (Pregnancy and Family Leave) Act. We also offer 24-hour HR advice – ensuring your business complies with family leave legislation.

Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.