New legislation is currently passing through parliament which will significantly enhance the protection expectant mothers and new parents have against redundancy. Current Protection A woman who is on maternity leave is currently protected againstredundancy if there is a ѳuitable alternative vacancyҠwithin the business. Similar protection also applies to those on adoption leave and shared parental leave.ࠔhis protection ends when the new parent returns to work. In practice, this means that an employee on maternity, adoption orshared parental leave will automatically be allocated a suitable role (if one exists) over other employees. This right is triggered at the point theemployee is put at risk of redundancy. This protection is an absolute right, which means that the employee on leave has the right to be offered a suitablevacancy even if they are not the best candidate for the job. They should not be required to engage in any form of the selection process. For an employee who is pregnant, whilst they are protected againstpregnancy discrimination, there is no specific enhanced protection against redundancy. The current provisions leave expectant mothers and those returning from maternity, adoption, or shared parental leave vulnerable to dismissal due toredundancy. Proposed Enhanced Protection The new legislation, which is currently going through theHouse of Lords, will extend the existing protection from the point that an employee informs their employer that they are pregnant to up to 18 months from the birth of the child. This means that an employee who takes maternity, adoption, or shared parental leave for 1 year will still receive 6 months of enhanced protection on their return. The protection will work in the same way as before, ensuring that an expectant mother or employee returning from maternity, adoption or shared parental leave will be entitled to be offered a ѳuitable alternative vacancyҠat the point that they are put at risk of redundancy. Does this mean that a pregnant employee or employee on or returning from maternity, adoption or shared parental leave cannot be made redundant? The existing and proposed legislation does not mean that anemployee who benefits from the enhanced protection cannot be made redundant. In circumstances where there are no suitable alternative vacancies, provided that the redundancy is genuine and a fair process is followed, an employee with this protection can still bemade redundant. Whilst we do not have a date yet for when the new legislation will come into force, we always advise employers to plan any redundancies carefully, not only to highlight any risks but to ensure that the process is fairly carried out to offer maximum protection against anunfair dismissal claim. Our expert advisors can offer the following services when it comes toredundancy planning and execution: Redundancy or reorganisation planningadvice and support Template letters and guidance at meetings On site support for redundancy consultations To speak with one of our legal advisors please contact us today on 0333 888 1360 or emailhello@bhayanilaw.co.uk We are in Your Corner For advice or for a free assessment contact us today Enquiry Form Please get in touch with us by either filling in the form below or phoning our office. First Name* Surname* Email* Telephone Number* How did you find us?* Recommended by a friend Google Search Returning Client Facebook Twitter LinkedIn Instagram Other If Other, please let us have details.* Your enquiry or comments* Phone This field is for validation purposes and should be left unchanged. The postExtension of redundancy protection for pregnant employees and new parents appeared first onBhayani Law.