Navigating the New Bill for Parental Redundancy Protection – What Employers and Employees Need to Know

April 19, 2023, By

The new bill dealing with pregnancy and maternity discrimination, introduced by Dan Jarvis MP, aims to protect employees from discrimination related to pregnancy and maternity leave. In this blog, we explore how this bill could impact businesses and employees.

Importance of the Bill

The introduction of the “Protection from Redundancy Bill” (Pregnancy and Family Leave Bill)” reflects a growing concern for the welfare of pregnant employees and those returning to work after maternity leave. The bill addresses the need for stronger legal protections to combat the discrimination faced by many new parents during this critical period of their lives. By understanding the implications of this legislation, employers can foster a more inclusive and supportive work environment, ultimately benefitting both their employees and their business.

Current situation and statistics

Under the current laws in the UK, an employer must offer a suitable alternative vacancy where one exists to an employee who is on maternity leave, shared parental leave, or adoption leave, before implementing any redundancy. However, despite these protections, discrimination against women during pregnancy and maternity leave is still widespread. Calls for better pregnancy and paternity protection were canvassed due to a report which revealed that 77% of women reported having a negative experience or facing discrimination during pregnancy or subsequent maternity leave. Furthermore, an alarming 20% reported suffering financial consequences, such as demotion, missing out on promotions, or exclusion from non-salary benefits.

Policy intention

The intention behind the bill is to extend the existing obligation to offer any suitable alternative employment (during a redundancy consultation process) for an extended period, i.e. from when a woman tells her employer she is pregnant until 18 months after the birth. This proposed 18-month period would mean that a parent returning from a year of maternity leave would receive six months of additional protection.

The potential impact on businesses

If the bill passes through the House of Lords, it will have significant implications for businesses across the UK. Employers will need to review and update their policies to ensure compliance with the new legislation. This may include establishing processes to identify the timeframe of earlier periods of maternity leave when implementing redundancies or creating a supportive environment for employees returning from family leave. By taking these steps, businesses can minimize the risk of potential discrimination claims and demonstrate their commitment to employee welfare.

The potential impact on employees

For employees, particularly expectant mothers and those returning from maternity leave, the Protection from Redundancy Bill promises a more secure and supportive working environment. By extending legal protections against redundancy and offering additional opportunities to secure alternative roles, the bill seeks to alleviate the stress and uncertainty often associated with pregnancy and maternity leave. As a result, employees can focus on their well-being and their new families without the added burden of potential job loss or career setbacks. Furthermore, these changes will encourage a culture of understanding and inclusivity within the workplace, fostering a stronger sense of belonging and empowerment for all employees, ultimately enhancing overall job satisfaction and morale.

Our services

At Slater Heelis, our experienced employment law solicitors can provide guidance on updating your policies or assist with potential discrimination claims. We understand the complexities of employment law and are dedicated to helping both employers and employees navigate the ever-changing legal landscape.

If you would like to speak with one of our experts about this new bill or require assistance with updating your policies, please give us a call at 0161 969 3131 or fill in our contact form.