Extended redundancy protection for new mums

A government consultation proposes to extend current legal protection against redundancy for those on maternity leave for up to six months after they return to work. It also seeks views on giving the same protection to parents returning from adoption leave or shared parental leave. The consultation ends on 5 April.


Women are explicitly protected against discrimination because of pregnancy or maternity under the Equality Act 2010 (EA). This protection runs from the start of a pregnancy until the return to work from ordinary or additional maternity leave, or until two weeks after the end of the pregnancy, if not entitled to maternity leave. 


During this period, there is protection against discrimination arising as a result of: the pregnancy; any illness related to the pregnancy, or absence because of that illness; being on compulsory maternity leave; or seeking to take, taking or having taken ordinary or additional maternity leave. 


At the end of that period, it is still unlawful to treat a woman less favourably because of her pregnancy, maternity or breastfeeding: less favourable treatment may stem from a decision taken during the protected period, or it may amount to sex discrimination.


If a woman is selected for redundancy because she is on maternity leave, this will amount to discrimination. However, the EA doesn’t prevent an employer making someone redundant during maternity leave if it is a genuine redundancy and they have followed a fair procedure.

https://www.gov.uk/government/consultations/pregnancy-and-maternity-discrimination-extending-redundancy-protection-for-women-and-new-parents