Redundancy during pregnancy, maternity and parental leave

12 December 2023

Flexible working now a day one right

The Flexible Working (Amendment) Regulations 2023 will come into effect on or after the 06 April 2024 and will remove the requirement that an employee must have 26 weeks’ service in order to make a request for flexible working.

Protection from redundancy

The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, will extend the special protection period from redundancy for employees who are on maternity leave, adoption leave and those on shared parental leave.

For maternity leave the protection period, which will cover pregnancy, will be 18 months from the first day of the estimated week of childbirth. This can be changed to run from the exact date of birth, if the employee gives the employer notice of this date prior to the end of maternity leave. The protection which covers pregnancy will apply where the employee has informed the employer of the pregnancy on or after the 06 April 2024. The extension will apply to maternity leave ending on, or after, 06 April 2024.

For adoption the protection period will be 18 months from placement. The extension will apply to adoption leave ending on, or after, 06 April 2024.

For shared parental leave the protection period will be 18 months from birth, provided that the parent has taken a period of at least 6 consecutive weeks of shared parental leave. This protection will not apply if the employee is either protected following maternity or adoption. The extension will apply to shared parental leave ending on, or after, 06 April 2024.

These may be subject to change.

If you require any advice on the changes as set out above, please do not hesitate to contact our employment team here.