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Response to Government Consultation Backs More Robust Redundancy Protection for Women and Parents

on Friday, 17 May 2019.

On 15 February we reported on the Government's consultation paper to collect opinions on plans to extend the protections from redundancy and discrimination for women on maternity leave and other expectant parents.

The Women and Equalities Committee published its response on 1 May 2019.

The Proposals

Currently, women are protected from redundancy only while they are on maternity leave. The proposal is to extend this protection so that it applies from the point at which they notify their employer of their pregnancy until six months after they return to work, and for this extended protection to also be afforded to those on adoption leave or shared parental leave.

The Women and Equalities Committee's Response

The Women and Equalities Committee recommends that the proposed changes are implemented as soon as possible. The Committee also noted their support of a suggested consultation on increasing the time limits for pregnancy and maternity discrimination claims.

However, the Committee sought clarity on what forms of other parental leave would qualify for the extended protection, and on how a proposed new single enforcement agency for the labour market would ensure that parents are protected from pregnancy and maternity discrimination .

Further suggestions from the Committee were that a single comprehensive website be set up to advise employers and individuals on pregnancy and maternity rights, and that large companies be required to report on retention rates for women 12 months after returning from maternity leaving or applying for flexible working.

Best Practice

If these changes are implemented as recommended by the Committee, when carrying out a redundancy exercise employers will need to offer suitable alternative employment, where available, to those who have informed their employer that they are pregnant, those on maternity or adoption leave and those parents that have taken qualifying leave in the previous six months. Further detail will be needed to see how this will work in practice for the different types of leave.

A practical way for employers to prevent liability under the current law and to help prepare for the proposed changes, is to devise adequate ways of recording employee information, which will highlight where an employee has access to additional protection during any redundancy exercise. 


For more information, please contact Nadjia Zychowicz in our Employment Law team, on 01923 919 375, or complete the form below. 

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