In 2024, pregnant employees will have greater legal protection on redundancy. Find out more here.
Existing Rights and The Protected Period
The Protected Period starts when you become pregnant and it applies throughout your pregnancy until the end of your maternity leave, i.e., up to 52 weeks or until you return to work, if sooner. Whilst you are in the Protected Period, it is unlawful to discriminate against you because of your pregnancy, an illness because of your pregnancy, or because you are on maternity leave.
If you are pregnant, or on maternity leave, you have the following legal rights:
- You have the right to attend antenatal appointments.
- You are entitled to 52 weeks’ maternity leave, regardless of your length of service. If, whilst on maternity leave, you decide to return sooner, you can do so by giving your employer notice.
- You have the right to request flexible working, which includes a change to your working hours when you return to work, at the end of your maternity leave.
- You have health and safety protection while breastfeeding.
- You have protection from dismissal, detriment and discrimination because of your pregnancy, childbirth or maternity leave.
You also have the right to return to your same role (once maternity leave ends), or if this is not possible, a suitable alternative role with no less favourable terms and conditions.
What Will Change?
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 has modified the existing Employment Rights Act 1996. Previously, the Employment Rights Act 1996 gave protection to employees on maternity leave in a redundancy situation and, additionally, there was protection under the Equality Act 2010, relating to pregnancy and maternity to prohibit those employees experiencing less favourable treatment.
The introduction of The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will introduce a priority to pregnant employees on considering suitable alternative roles before identifying the pregnant employee as redundant, from their existing role. In practice, this means even if your employer can show that your existing role is redundant, you have a priority to any suitable alternative to avoid your redundancy. The Regulations are expected to come into force in April 2024.
Will You Be Protected?
I have set out above who is already protected but this Act will throw the net of protection to a larger group of individuals. The group will include:
- Pregnant employees.
- Employees who have suffered a miscarriage.
- Employees returning from maternity leave.
- Employees returning from shared parental leave.
- Employee returning from adoption leave.
How Can Lincs Law Help You?
If you are pregnant, or on maternity leave and you are worried about being made redundant, please do not hesitate to contact us for a free, initial (no obligation) conversation. You can contact us on 01522 440512 or by visiting our Contact Us page: https://lincslaw.co.uk/contact/ You can also read more on your pregnancy and maternity links here: https://lincslaw.co.uk/services/employees/workplace-problems/pregnancy-and-maternity-discrimination/
Lucy Stones
Associate Employment Solicitor
Lincs Law Solicitors
Tags: maternity maternity discrimination pregnancy pregnancy discrimination pregnancy protection protected period protection from redundancy redundancy
