Clause and Effect: Protection from Redundancy (Pregnancy & Family Leave Act)
Joanna Rose · Posted on: April 17th 2026 · read
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 modified the existing Employment Rights Act 1996 and introduced essential safeguards for a wider group of individuals during pregnancy or family leave.
The legislation amended the Employment Rights Act 1996 and significantly widened the scope of employees entitled to priority treatment in redundancy situations. In practical terms, employers are now required to offer suitable alternative vacancies (where available) to protected employees ahead of others at risk.
The protection applies to:
- Pregnancies notified to an employer on or after 6 April 2024
- Maternity/adoption leave ending on or after 6 April 2024
- Employees taking at least six weeks of shared parental leave which begins on or after 6 April 2024.
These changes strengthened job security during pregnancy and family leave by extending the period of priority status beyond the leave itself. Employers must ensure that protected employees are not
disadvantaged or selected unfairly and that suitable alternative roles are properly considered before any dismissal for redundancy.
Ultimately, the consequence of noncompliance with these regulations could lead to claims of unfair dismissal and/ or discrimination being brought against employers.
More details are available in the March 2024 newsletter.
If you are considering a redundancy process it is essential to factor these protections into your consultation strategy from the outset. HR Solutions can support you in designing a fair and compliant redundancy process, including providing appropriate template documentation and practical guidance.
