Employers must get to grips with new rules that came into force on 6 April 2024. Under the previous rules, employees who are on maternity, adoption or shared parental leave and are selected for redundancy were entitled to be offered a suitable alternative vacancy, if available. This gives them priority protection against dismissal. The law does not apply to other types of leave, for example paternity leave. These rights have been extended and the ACAS website gives some straightforward guidance.
The 'redundancy protected period' is the length of time an employee has redundancy protection. The length of the protected period depends on either:
- the type of leave an employee is taking
- when an employee tells their employer they are pregnant.
Pregnancy and maternity leave
From 6 April 2024 the redundancy protected period for pregnant employees or those taking maternity leave has been extended. Before this they were only protected while on maternity leave.
Employees who have not started their maternity leave and notified their employer of their pregnancy before 6 April 2024 are also protected. But they should tell their employer again. This can help make sure the employer is aware of their redundancy protection.
The redundancy protected period during pregnancy and maternity:
- starts when an employee tells their employer that they are pregnant
- ends 18 months from the exact date the baby is born.
If an employee does not tell their employer the exact date, the protected period ends 18 months from the expected week of childbirth.
Adoption leave
From 6 April 2024 the redundancy protected period for someone taking adoption leave has been extended. Before this they were only protected while on adoption leave. The redundancy protected period starts on the day someone's adoption leave begins. It ends 18 months from either:
- the date the adoption placement starts
- the date the child enters England, Scotland or Wales, if it's an overseas adoption.
Shared parental leave
From 6 April 2024 the redundancy protected period for someone taking shared parental leave has been extended. Before this they were only protected while on shared parental leave. The redundancy protected period starts on the day a period of shared parental leave begins. If an employee takes:
- less than six weeks leave – the protected period ends on the last day of the block of leave
- six weeks or more of continuous leave – the protected period ends 18 months from the date of the child's birth.
If the employee takes discontinuous leave, the redundancy protected period finishes at the end of each period of shared parental leave.
Suitable alternative vacancies
If there are any suitable alternative vacancies an employer must offer them to employees who have this redundancy protection. Anyone who has this redundancy protection has priority over other employees. This applies even if other employees are also suitable. If this does not happen, it might be automatically unfair dismissal.
There might not be enough suitable vacancies for everyone who has this redundancy protection. The employer will have to decide who is most suitable for the roles they have. This might include considering an employee's:
- skills
- job knowledge
- experience.
The employer should explain in writing for example in a letter or email, what criteria they will use to make their decision and why. If employees are not offered a suitable vacancy, their employer should meet with them to discuss the decision.
These are complex new rights and whether you are an affected employee or an employer trying to implement the changes, you should consider taking specialist advice.
To discuss this or any other employment matter, contact us.