n If an employee has a miscarriage within the first 24 weeks of pregnancy, the redundancy protected period ends 2 weeks from the end of the pregnancy. [...] n If a child is stillborn after 24 weeks of pregnancy, the redundancy protected period ends 18 months from the date of the birth. [...] 2 www.ucu.org.uk Shared parental leave The redundancy protected period starts on the day a period of shared parental leave begins. [...] If an employee takes: n less than 6 weeks leave – the protected period ends on the last day of the block of leave n 6 weeks or more of continuous leave – the protected period ends 18 months from the date of the child's birth n If the employee takes discontinuous leave, the redundancy protected period finishes at the end of each period of shared parental leave. [...] When Luke’s position is at risk of redundancy in August, he is no longer in a redundancy protection period (that ended when his period of shared maternity leave ended) and the normal processes relating to a redundancy situation will apply.
Authors
- Pages
- 4
- Published in
- United Kingdom
Table of Contents
- Pregnant employees and some new parents have special protection in a redundancy 1
- By law Employment Rights Act 1996 the employer must offer them a suitable 1
- The law applies to any employee at risk of redundancy and who is either 1
- The law does not apply to other types of leave for example paternity leave. 1
- Redundancy has a particular meaning under the Employment Rights Act but in some 1
- Changes to the law from April 2024 mean that employees who are pregnant on maternity leave taking adoption leave or taking shared parental leave have an 1
- During this protected period if a post is at risk of redundancy for any reason an 2
- Anyone who has this redundancy protection has priority over other 2
- If this does not happen it may be automatically unfair dismissal. 2
- That means that institutions should assess suitability and identify suitable vacancies 2
- The protected redundancy periods are as follows 2
- Pregnancy and maternity 2
- If there is a stillbirth or miscarriage 2
- The redundancy protected period starts when an employee tells their employer that 2
- If an employee has a miscarriage within the first 24 weeks of pregnancy the 2
- If a child is stillborn after 24 weeks of pregnancy the redundancy protected period 2
- Adoption leave 2
- The redundancy protected period starts on the day someones adoption leave begins. 2
- It ends 18 months from either 2
- Shared parental leave 3
- The redundancy protected period starts on the day a period of shared parental leave 3
- If an employee takes 3
- 6 weeks or more of continuous leave the protected period ends 18 months from 3
- If the employee takes discontinuous leave the redundancy protected period 3
- Example 1 3
- Jo went on maternity leave on 1 June 2023 and her baby was born on 15 June. She 3
- In August 2024 Jos employer announced that they were cutting her team from 5 staff to 4 staff all carrying out the same duties. 3
- Jo is still in her redundancy protection period that will run until December 2024 18 3
- Example 2 3
- Amy took adoption leave starting on 1 January 2024 the date the adoption started and returned to work on 1 July 2024. 3
- There is a reorganisation happening in her workplace and her role is being deleted. 3
- Amys redundancy protection period is still in place until June 2025 so she is entitled 3
- Example 3 3
- Luke is employed on a fixed-term contract that is due to end in August 2024. Luke 3
- Example 4 4
- Luke is employed on a fixed-term contract that is due to end in August 2024. Luke 4
- He returns to work in mid May 2024. When Lukes position is at risk of redundancy in 4
- August he is still in a redundancy protection period that runs until his baby is 18 months old so must be offered any suitable vacancy that is available without 4
- Ensure local policies and procedures are up to date and that your employer if fully 4
- Make sure members especially those on fixed-term contracts are aware of these 4
