Tughans Solicitors

Government confirms day one flexible working requests and increased protection from redundancy for employees during pregnancy or returning from maternity leave

Two sets of regulations were laid before Parliament which confirm the government’s proposed changes in two areas of employment law. The first changes the current rules on flexible working, while the second increases the special protections from redundancy afforded to employees who are pregnant or returning from statutory family leave.

 

Flexible working
• The right to request flexible working will become a day one right, removing the need for employees to have 26 weeks’ service.

• This will apply to requests made on or after 6 April 2024.

 

Protection from redundancy
• Current legislation requires that employees on maternity, adoption or shared parental leave at risk of redundancy must be given first refusal of any suitable alternative employment before it is offered to other employees.

• This special protection will be extended to cover the employee’s pregnancy, and a further period of 18 months from the first day of the expected week of childbirth, or the exact date of birth if the employee tells their employer this date before their maternity leave ends.

• For adoption leave, this protection will be extended to 18 months from the child’s placement.

• For shared parental leave, this protection will be extended to 18 months from birth, if the employee takes at least 6 consecutive weeks’ shared parental leave, and they aren’t already protected by the maternity / adoption leave protections.

• The extended protection for pregnancy will apply where employers are informed of a pregnancy on or after 6 April 2024.

• The extended protections at the end of statutory family leave will apply to any maternity or adoption leave ending on or after 6 April 2024, or to any shared parental leave which starts on or after 6 April 2024.

 

Implications for employers
• Employers in GB should be ready to implement these changes from 6 April onwards.

• These changes do not extend to Northern Ireland, where employment law is devolved to the Northern Ireland Assembly.

• Given the current impasse in the Assembly, equivalent local legislation is not expected in the short to medium term.

• Employers who operate throughout the UK may however choose to adopt a harmonized approach by applying the GB changes across their workforce, including in Northern Ireland.

• More generally, this latest change increases the divergence between employment law in GB and NI, and adds to a growing list of delayed or expected employment law changes which the Assembly will face when it resumes.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.