The Government is to consult on new proposals that the current protections provided to parents on maternity leave, shared parental leave, and adoption leave, in redundancy situations, be extended. The closing date for responses to the consultation on extended redundancy protection is the 5th April 2019
The Current Position
At present, where there is a redundancy situation, then special rules apply to those who are currently on maternity leave, shared parental leave, and adoption leave, as there is a requirement for the employer under regulation 10 of the Maternity and Parental Leave etc Regulations 1999 to offer them suitable alternative employment (i.e. not just invite them to apply, but to offer them it). That is, those on such leave take precedence/priority over all others in terms of whatever suitable alternative employment is available, even where others may be better qualified for the role. Failure by the employer to adhere to these rules could constitute automatic unfair dismissal and/or maternity discrimination
These special rules do not apply to pregnant employees who have not yet started their maternity leave, and the protection ends when the employee returns to work
Extended Redundancy Protection
The Government made a commitment to look into the possibility of extended redundancy protection in its response to a Women and Equalities Select Committee report on pregnancy and maternity discrimination, and in its response to the Taylor Review. In its report, the Women and Equalities Select Committee stated: "Your Employment Settlement Service (YESS) Law said that employers who understood the law made women redundant after their return to work so that the protection provided under regulation 10 of the Maternity and Parental Leave Regulations 1999 did not apply." Moreover, research carried out by the Department for Business, Energy and Industrial Strategy (BEIS) found that 11% of women had been either been dismissed following their return from maternity leave, or felt compelled to leave through mistreatment. Hence, the Government is now consulting on proposals to extend redundancy protection to pregnant employees, and by extending the protection already provided to those on maternity leave, shared parental leave, and adoption leave, by allowing the protection to continue for 6 months beyond their return from leave.
Reaction
In a press release issued in conjunction with the launch of the new consultation on extended redundancy protection, the Prime Minister, Theresa May, stated: "It’s unacceptable that too many parents still encounter difficulties when returning to work. Today’s proposals are set to provide greater protection for new parents in the workplace, and put their minds at ease at this important time." The Business Minister, Kelly Tolhurst, added: "Pregnancy and maternity discrimination is illegal. But some new mothers still find unacceptable attitudes on their return to work which effectively forces them out of their jobs. Through the modern Industrial Strategy and the largest upgrade in workers’ rights in a generation, the government is building an economy that ensures everyone can progress at work. That’s why we are looking at ways to further protect new parents by giving them time to re-establish themselves in the workplace and show the value they bring to their employers."
However, Joeli Brearley, the founder of Pregnant Then Screwed, argues that the new proposals on extended redundancy protection are "just papering over the cracks." She added that: "More mothers are made redundant when the enhanced protections exist than when they don’t – proving that the enhanced protections which are already in place are not working, so what is the point of extending them? The problem isn’t the law – the law is very clear. It is illegal to make someone redundant due to pregnancy or maternity. Women are often unable to return to work, thereby reinforcing the outdated notion that all mothers want to stay at home with their kids and aren’t interested in a career. Until we solve these issues, and create a society where women can be both breadwinner and caregiver, we will never reduce discrimination in the workplace." She called for changes to provide greater support for fathers to take time off work to care for their children, and to reduce the cost of child care.
