Job Security Around Pregnancy and Maternity Leave: How Redundancy Protection Works Until Your Baby Is 18 Months Old (Great Britain)

Planning for a baby usually involves lists of gear and dates, but one piece of family admin is worth knowing before the leave begins: the special protection employees have if their role is at risk of redundancy. The rules changed on 6 April 2024, and the protection now runs for longer than many parents expect. This guide follows Acas and GOV.UK guidance for Great Britain. Northern Ireland has its own employment law, so this guide does not describe it. It is general information, not legal advice.

What the protection is

Acas explains that pregnant employees and some new parents have special protection in a redundancy situation. Under the Employment Rights Act 1996, the employer must offer them a suitable alternative vacancy, if there is one. Acas says the law applies to anyone with the legal status of employee who is pregnant, taking maternity leave, taking adoption leave or taking shared parental leave. It states that the law does not apply to other types of leave, such as paternity leave, and that someone is not likely to be an employee if they are an agency worker or a casual worker on a zero-hours contract.

How long it lasts for pregnancy and maternity

Acas states that from 6 April 2024 the redundancy protected period for pregnant employees, or those taking maternity leave, was extended. Before then they were protected only while on maternity leave. Under the extended rules, the period:

• starts when an employee tells their employer that they are pregnant; and
• ends 18 months from the exact date the baby is born, or, if the employee does not tell the employer the exact date, 18 months from the expected week of childbirth.

Acas says employees have the extended protection if they notified their employer of their pregnancy or started maternity leave after 6 April 2024, or were already on maternity leave on that date.

A worked example from Acas

Acas gives an example in which a baby is born in October 2024 and the employee is selected for redundancy in January 2026. That is less than 18 months since the birth, so the employee is still in the redundancy protected period. If there are any suitable alternative vacancies, the employer must offer them as a priority.

Adoption and shared parental leave

For adoption leave, Acas says the protected period starts on the day the leave begins and ends 18 months from either the date the adoption placement starts or, for an overseas adoption, the date the child enters England, Scotland or Wales. For shared parental leave the position depends on the length of leave. Acas explains that a person who takes less than 6 weeks has protection until the last day of that block of leave. A person who takes 6 weeks or more of continuous shared parental leave is protected for 18 months from the child’s birth, or the expected week if the exact date was not told, or from the adoption dates above. Where leave is discontinuous, the protected period finishes at the end of each period of shared parental leave.

The site’s guide to paternity leave and shared parental leave covers how that leave works.

What suitable alternative vacancies mean

Acas says that if there are any suitable alternative vacancies, an employer must offer them to employees who have this protection, and that they have priority over other employees even if the other employees are also suitable. If there are not enough suitable vacancies for everyone who has the protection, the employer will have to decide who is most suitable, which may include considering skills, job knowledge and experience. Acas advises the employer to explain in writing what criteria it will use and why, and, if an employee is not offered a suitable vacancy, to meet the employee to discuss the decision.

When roles are being reduced

Acas explains an important limit. When an employer reduces existing roles and no new roles are created, an employee with protection goes through the same selection process as other employees. The reduced number of roles filled during selection are not suitable alternative vacancies, because those roles already exist and are not vacant. If reducing roles leads to new ones being created, for example when two roles are combined, the new roles could be suitable alternative vacancies.

What if the employer does not follow the rules

Acas states that if an employer does not follow the law, it might be automatically unfair dismissal, and if the person is pregnant or on maternity leave it could also be pregnancy and maternity discrimination. The Acas helpline is the route for questions about an individual situation.

Other rights during leave

GOV.UK’s guide to employee rights on leave states that employee rights are not usually affected when taking maternity leave, adoption leave or Shared Parental Leave. It adds that terms and conditions are normally protected, that employees are entitled to pay rises and improvements in terms and conditions given during the leave, and that they continue to build up holiday entitlement. The site’s guide to annual leave on maternity leave explains the holiday side.

Frequently asked questions

Does the protection start when I tell my employer I am pregnant? Yes. Acas states that the redundancy protected period during pregnancy and maternity starts when an employee tells their employer they are pregnant.

Does paternity leave give the same protection? Acas says the law does not apply to other types of leave, for example paternity leave.

Do agency workers have the protection? Acas says someone is not likely to be an employee if they are an agency worker or a casual worker on a zero-hours contract, and the law applies to employees.

The bottom line

In Great Britain, since 6 April 2024, an employee’s redundancy protection begins when they tell their employer they are pregnant and lasts until 18 months after the birth, with priority for suitable alternative vacancies. Adoption and shared parental leave have their own protected periods. Telling the employer in good time and keeping written records of any consultation are sensible steps, with Acas available for individual questions.

Sources

• Acas, "Redundancy protection for pregnancy and new parents"
• GOV.UK, "Employee rights when taking maternity and other types of parental leave"