More Robust Redundancy Protection Proposed for Women and New Parents
The Government has released a consultation paper on its plans to extend the protections from redundancy and discrimination afforded to women on maternity leave...
...To cover pregnant women and the period of six months following their return to work and whether to include protection for other expectant parents.
The Current Protection
The current regulations provide protection for women on maternity leave against redundancy. Before an employer can make an employee on maternity leave redundant, they are obliged to offer them a suitable alternative vacancy, where one is available. They must give the employee on maternity leave priority over other employees who are also at risk of redundancy.
An alternative vacancy must be both suitable and appropriate for the woman to do in the circumstances, and the terms and conditions must not be 'substantially less favourable' than her previous role.
Proposed Changes
The proposal out to consultation is to extend this right so that women have the same protection for six months following their return to work. These protections may also be extended to people on adoption leave, shared parental leave and pregnant women who have told their employer that they are pregnant. Responses to the consultation are sought by 5 April 2019.
Best Practice
ACAS offer guidance to employers on how to comply with the current legislation, their advice includes the following pointers for employers:
- Make employees on maternity leave aware of opportunities for promotion and training.
- Do not include pregnancy related absences in an employee's absence record.
- Do not dismiss employees or make them redundant for any issue related to pregnancy or maternity .
Employers are encouraged to:
- Develop a policy so that all employees understand their rights and responsibilities in relation to pregnancy and maternity discrimination.
- Provide a suitable place for pregnant employees to rest, in line with the law.
- Identify and deal with risks to health and safety of a pregnant employee and her unborn child.