The law has always granted protection from redundancy to those on maternity, adoption, or shared parental leave. Individuals on these kinds of leave are entitled to right of first refusal for any suitable alternative roles in a redundancy situation.
From the 6 April 2024, this protection is being extended. The table below sets out the current position and how the law is changing.
| The current position | The change | When will this take effect? | |
| Pregnancy | No protection | Protected from the date the employee informs the employer of her pregnancy for the full period of pregnancy | Where the employer is informed of the pregnancy on or after 6 April 2024 |
| Maternity leave | Protected during the period of absence on maternity leave only | Protected for 18 months from the first day of the estimated week of childbirth. The 18-month period can be altered to start from the child’s actual date of birth where the employee informs the employer in writing of the actual date during their maternity leave period. | Where the maternity leave ends on or after 6 April 2024 |
| Adoption leave | Protected during the period of absence on adoption leave only | Protected for the period of 18 months from the date of placement for adoption | Where the adoption leave ends on or after 6 April 2024 |
| Shared parental leave | Protected during the period of absence on shared parental leave only | Protected for 18 months from birth/placement for adoption provided that the employee has taken a period of at least 6 continuous weeks of shared parental leave. This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above. Protected during the period of absence on shared parental leave only (as now) if fewer than 6 consecutive weeks of leave are taken. | Where the period of 6 continuous weeks of shared parental leave starts on or after 6 April 2024 |
Where an employee suffers a miscarriage before their 24 weeks of pregnancy, they will have protection throughout their pregnancy and for a two-week period following the miscarriage. If they miscarry after 24 weeks of pregnancy, this is classed as a still birth. They will be entitled to maternity leave and will have the same protection as any other employee taking maternity leave.
Written by Lucy Williams FCILEx
Head of Employment Law and HR at Key Group Services Limited