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UK: Government consults on extending redundancy protection

05 March 2019
Sara Kennedy

 

UK Government publishes new consultation on extending redundancy protection for pregnant women and new mothers

Following issues raised in the Women and Equalities Select Committee 2016 report and the Taylor Review of modern working practices, the Department for Business, Energy & Industrial Strategy (BEIS) has published a new consultation on extending the current redundancy protection enjoyed by pregnant women and new mothers to a period after they have returned to work.

Regulation 10 of the Maternity and Parental Leave etc. Regulations (1999) (‘MAPLE’) currently protects women on maternity leave in a redundancy situation by requiring employers to prioritise them over other employees who are also at risk of redundancy. The priority lies in the obligation to offer a suitable alternative vacancy (if one is available) to the woman on maternity leave (without the woman having to apply for it) before the vacancy is offered to anyone else. However, the protection currently ends when the woman returns from maternity leave.

The proposal

The BEIS consultation paper proposes to:

  • extend the protection under reg. 10 of MAPLE so that, in a redundancy situation, women continue to enjoy preferential treatment for six months after returning from maternity leave;
  • define pregnancy (for the purposes of redundancy protection) as starting from the date on which the employee informs her employer in writing that she is pregnant; and
  • offer the extended protection to other groups of employees, such as those returning from shared parental leave, adoption leave and parental leave.
 
The proposal to extend redundancy protection comes after the BEIS and the Equality and Human Rights Commission’s research into pregnancy and maternity discrimination revealed that discrimination against pregnant employees and those on maternity leave is still widespread.
 
The consultation sets out the steps the Government is taking to increase employees’ and employers’ awareness of their rights and obligations and invites comments on how they might be improved to reduce pregnancy discrimination in employment.
 
Finally the consultation also considers and invites comments on the current approach to enforcement of pregnancy and maternity protection and the tribunal time limit for raising claims on grounds of pregnancy and maternity discrimination.
 
Extending the period of protection and possible concerns
 
There will no doubt be concerns about whether extending the period of protection under reg. 10 of MAPLE to six months after returning from maternity leave may create a sense of unfairness amongst fellow employees at risk of redundancy. However, a Government study in 2016 into pregnancy and maternity-related discrimination and disadvantage concluded that a staggering 77% of those interviewed had a negative or possibly discriminatory experience during pregnancy; maternity leave; and on their return from maternity leave. Additionally, 11% felt forced to leave their job. With these figures in mind it is clear that something needs to be done to reduce the disadvantage and negative treatment mothers experience in connection with their pregnancy, maternity leave and return to work. Increasing the period of protection under reg. 10 of MAPLE to six months after the return to work would be a good start.
 
The consultation closes for response on 5 April 2019: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/773179/extending-redundancy-protection-for-pregnant-women.pdf
 
 
For further information, contact:  
 
Sara Kennedy, Legal Director
ebl miller rosenfalck, London
t:  +44 (0)20 7553 9937
 
 
 

The material contained in this article is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken. 

 

 

Source: http://www.millerrosenfalck.com/2019/01/the-government-publishes-new-consultation-on-extending-redundancy-protection-for-pregnant-women-and-new-mothers/

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