We look at this new right and what it means for employers.
An estimated 30% of mothers surveyed in April 2021 felt that they had been discriminated against by an employer according to one survey.1 Another survey found that around 54,000 new mothers may be forced out of their work in the United Kingdom each year.2
While these are staggering figures, 84% of employers believe that supporting pregnant workers and those on maternity or shared parental leave is in the interests of their organisations.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (the 2023 Act), aims to address some of these concerns by seeking to enhance redundancy protection for pregnant workers and working parents returning to the workplace after family related leave. The 2023 Act comes into force on 24 July 2023 but we still await new regulations which are needed to bring the proposals into effect.
What legal entitlements do employees have currently?
Currently, women on maternity leave and employees on adoption leave or shared parental leave (SPL) have priority over other employees who are also at risk of redundancy (this is a rare form of lawful positive discrimination). So where a redundancy situation arises during a woman’s maternity leave (or during an employee’s SPL or adoption leave), they have the right to be offered a suitable alternative vacancy where there is one available.3 This includes a vacancy with an associated employer (such as another group company). Failure to...
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