Dissecting Employment Legislation - Family Friendly Legislation Changes

In 2024, the government has implemented enhanced legislation to further protect and support families. Understanding these changes is essential for maintaining compliance and fostering a supportive work environment for new and expecting parents.

In this article, we dissect the updated redundancy protection and paternity leave legislation.

Extended Redundancy Protection for Pregnancy and New Parents

Effective from: 6th April 2026

The protected period which only previously covered maternity leave, has now been extended to include pregnancy and a period of 18 months after the birth date. This applies to all individuals with employment status and includes adoption and shared parental leave as follows:

Pregnancy followed by maternity leave – protection starts when the employee informs their employer of their pregnancy and ends 18 months from the date the baby is born.
Adoption Leave – protection starts when adoption leave begins and ends 18 months after the placement date, or when the child enters Great Britain if it’s an overseas adoption.
Shared Parental Leave (SPL) - protection starts when SPL begins. The duration of SPL is considered when determining the length of the protection period:

- Under 6 weeks - the protection period ends when the employee returns to work.

- Over 6 weeks continuous leave – the protection period ends 18 months from the date the baby is born.

Preparing for the change

Update your redundancy policy to communicate the redundancy protection rules for all employees.
Develop a reporting mechanism to easily identify protected employees in the event of a redundancy situation.

Is an employee protected if they informed the employer of their pregnancy before 6th April 2024?

They are protected. It is advisable for these employees to repeat the pregnancy notification to raise awareness to their employer of the extended protection.

What protection applies in the case of miscarriage or stillbirth?

When the miscarriage is in the first 24 weeks of pregnancy, the protected period continues until 2 weeks from the end of the pregnancy. If the child is stillborn after 24 weeks, then the redundancy protection continues for 18 months from the birth date.

How do we determine the 18-month protection period if we do not know the child’s actual birth date?

What is the protection period for an employee who takes several instances of Shared Parental Leave which totals 6 weeks?

The protection period ends when the employee returns to work after each instance of SPL.

Is it illegal to make an employee redundant if they are in a protected position?

The new legislation does not prevent employees from being selected for redundancy. It gives employees priority over suitable vacancies that exist within the company. If there are no suitable alternative vacancies, the employee could still be made redundant.

What counts as a suitable alternative vacancy?

When facing redundancy, an employee may be offered a "suitable alternative vacancy" within their current organisation or an associated company. This vacancy is deemed suitable if it aligns with the employee's skills and experience, and the terms of the new role are comparable to their previous position. This comparison considers factors like salary, responsibility level, working hours, and location.

Can I choose a non-priority candidate that has better qualifications for a suitable alternative vacancy?

While another candidate may possess greater qualifications or experience for a "suitable alternative vacancy," their candidacy becomes irrelevant in the face of an employee with priority status. If the vacancy aligns with the prioritised employee's skillset and experience, offering them the position becomes mandatory, regardless of the other candidate's potential suitability.

What happens if there are multiple priority candidates for one suitable alternative vacancy?

The new rules have no guidelines on this yet. We suggest gathering robust selection criteria to determine which employee is more suitable for the role and keeping a clear record of the fair decision making and rationale you’ve used.

Paternity Leave

Effective from: 6th April 2024

The paternity leave changes signal the government’s response to discussions around work-life balance and gender equality.

Key Changes:

Employees now have the option to take two non-consecutive weeks of leave instead of taking their entitlement in two consecutive weeks.
The period in which paternity leave must be taken extends from 56 days to 52 weeks from the child’s birth or adoption.
Notification requirements have been split so that the notification of entitlement and declaration is required up to the 15th week before the expected week of confinement. The employee must then give 28 days' notice of each leave instance.

Preparing for the change

Update your paternity leave policy to account for the changes.
Check and update any forms that are used for communicating paternity leave.
Communicate the changes to line managers.

As you navigate these changes, it's essential to ensure that your policies and practices align with the updated regulations. Efficient Ops offer professional assistance tailored to employers, providing guidance on navigating these shifts seamlessly.

Contact us today for expert support in staying compliant and fostering a supportive workplace environment for your employees.

Dissecting Employment Legislation - Family Friendly Legislation Changes