From 6 April 2024, UK redundancy laws will change, affecting employees on family-related leave. Currently, employees on maternity, adoption, and shared parental leave have special redundancy protections.
If at risk of redundancy, these employees must be prioritised for any suitable alternative employment over others, provided the new role is comparable and not substantially less favourable.
Failure to offer a suitable position results automatically in unfair dismissal, giving these employees precedence over others, regardless of qualifications or business rationale.
From 6 April, this protection extends to pregnant employees from the moment they notify their employer of their pregnancy. Furthermore, the protection period for those returning from adoption, maternity, and shared parental leave increases to 18 months post-birth or adoption, with the caveat that at least six consecutive weeks of shared parental leave must be taken for the extension to apply.
These measures ensure priority for suitable alternative vacancies, with non-compliance resulting in unfair dismissal. Employers must also consider other employees for suitable alternatives during redundancy consultations after addressing the needs of protected employees.
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