Redundancy protection changes

James Williams

The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (SI 2024/264) (MASPA Regulations) were made on 28 February 2024.
The current position is an employee on maternity leave is protected in a redundancy situation and must be offered suitable alternative employment first.
From 6th April this is extended to:-

  • During pregnancy; and
  • 18 months after the birth (or placement if adoption)

This applies to those taking maternity, adoption or shared parental leave.
Recap of other April 2024 changes:

Flexible Working

  • The Flexible Working (Amendment) Regulations 2023
  • Flexible working request becomes a “day one” right – currently an employee is required to have at least 26 weeks’ continuous employment.
  • When making a request, an employee will no longer have to explain what effect, if any, the employee thinks their requested change would have on the employer and how any such effect might be dealt with.
  • Employee can make two requests in any 12-month period. Second request not allowed while another application to the same employer is already proceeding.
  • An employer will not be permitted to refuse a request unless the employee has been consulted. There was no legal right to a meeting to discuss the request.
  • The time for an employer to make a decision will be reduced from three to two months (although it will remain open for the parties to agree a longer period).

Paternity Leave

  • The Paternity Leave Amendment Regulations 2024
  • Applies where the expected week of childbirth is after 6 April 2024.
  • To take leave as two separate blocks of one week, rather than only in one block of either one or two weeks.
  • To take leave at any point in the first year after the birth or adoption of their child, rather than only within the first eight weeks after adoption or birth.
  • To shorten the notice period required for each period of leave to 28 days in most cases.
James Williams – Solicitor

James Williams

I am a qualified Employment Law and HR Solicitor. I specialise in acting for schools and advise on all aspects of employment law and HR including attending employee meetings, advising senior leaders, conducting redundancy consultations, drafting contracts of employment, advising on policies and procedures and negotiating settlement agreements.