The Protection from Redundancy (Pregnancy and Family Leave) Bill 2022-23, introduced by Labour MP, Dan Jarvis, has passed through the House of Commons and is now progressing through the House of Lords.
Current Regulation
Under Regulation 10 of the Maternity and Paternity Leave Regulations 1999, a woman on maternity leave whose job is being made redundant is entitled to the offer of alternative employment before the end of her current role, with her employer or an associated employer under terms not substantially worse than in the previous job.
Pregnancy and Family Leave Bill
The new bill would grant the Secretary of State power to extend these protections against redundancy for those on maternity leave to cover a longer time period. The period of protection from redundancy would extend to protect pregnant employees from the point of them telling their employer about their pregnancy, until 18 months after the birth.
Parents taking adoption leave or shared parental leave would also be protected from redundancy while on leave and for an 18 month period after their return.
It is currently unclear when these new rights will come into force, and we are unlikely to see changes until 2024 or 2025.
Why is this Protection Necessary?
The Equality and Human Rights Commission found that “around 54,000 new mothers may be forced out of their jobs in Britain each year.” 11% of the 3200 women they interviewed reported being dismissed where others in their workplace weren’t or treated so poorly that they had to leave their jobs themselves.
Dan Jarvis stated, “At the heart of this bill are tens of thousands of women pushed out of the workforce each year simply for being pregnant. I’m proud this new legislation will go some way to providing pregnant women and new mums greater protections in the workplace.”
Some Say it’s Not Enough…
Maternity Action has criticised the bill, arguing it could “simply entrench a broken system that we know does not work and does not protect women.”
They continued to argue that in practice, employers can quite easily ignore Regulation 10, “safe in the knowledge that, having just given birth or been away from the workplace for up to a year, a woman is most unlikely to bring a prohibitively expensive Employment Tribunal claim – the only means of challenging an unfair redundancy” and that “simply extending the period covered by Regulation 10 […] would not address this fundamental flaw.”
Instead, Maternity Action has called for a comprehensive legal ban on making pregnant women or new mothers redundant.