Redundancy Protection in Pregnancy & After Birth: What’s Actually Changed?
- Persia Shahkarami
- Oct 28
- 5 min read
If you’re pregnant or have recently given birth (or adopted), recent changes to UK redundancy law mean you may have stronger protection than before. You now have extended priority protection - covering pregnancy and up to 18 months after birth or adoption - meaning your employer must give special consideration to you in redundancy situations, including offering you any “suitable alternative vacancy” first. But what does that actually mean in practice? And how can you use it? Let’s break it down.
What changed on 6 April 2024
Before April 2024, redundancy-protection rules in the UK gave priority to women on maternity, adoption, or shared parental leave in being offered suitable alternative roles if their job was being made redundant. However, those rights did not extend to all pregnancies, and the “protected window” after return was more limited.
From 6 April 2024:
Priority protection now applies during pregnancy (from the moment you notify your employer), not just during maternity leave.
The priority period after birth/adoption has been extended to 18 months, where before the period was shorter.
These changes mean more people are now eligible for protection during redundancy processes.
In short, if you notify your employer of pregnancy on or after 6 April 2024, or take maternity/adoption/shared parental leave under the new rules, you are likely to fall within the extended protection window.
What priority for suitable alternative vacancies means
What is a “suitable alternative vacancy”?
If your existing role is being made redundant, your employer must consider offering you a different role if it’s “suitable.” Whether a vacancy counts as “suitable” depends on:
how similar the work is to your original role
whether terms & conditions (hours, pay, benefits) are not substantially less favourable
location, status, responsibilities, and whether it’s appropriate for your skills and circumstances
If an alternative role meets those criteria, you should be offered it before your current role is terminated.
You are typically allowed a trial period of up to 4 weeks (or longer if agreed) to test the alternative role. During that period, if you determine it's unsuitable, you can decline without losing your redundancy rights (so long as you act reasonably).
What does “priority” mean in practice?
Priority means that, if several people are being made redundant and there is a vacancy that meets the suitability test, you have to be considered (and offered) before other candidates, even if those candidates are more qualified.
However, this does not mean that:
You are completely shielded from being considered for redundancy in the first place (you can still be included in the selection pool)
You can “bump out” someone else. If your employer lawfully reduces roles (e.g. 21 → 16 roles), and those 16 roles map to existing roles rather than brand new ones, there may be no genuine “vacancy” for you to be offered. The rules only apply when there is a real alternative vacancy.
A notable case is Carnival Plc v Hunter, where a protected employee claimed priority for an alternative role. The Employment Appeal Tribunal (EAT) clarified that where roles were merely reduced (not new roles created), there were no “vacancies” to offer, and the priority right did not apply to override a fair selection process.
In short, priority gives you an advantage in redeployment if there is a legitimate, suitable alternative job to be offered, but it doesn’t guarantee you a job regardless of how the redundancy is structured.
How to use your new rights if you face redundancy
If you think you may be at risk of redundancy (or your employer has begun a redundancy consultation), here’s how to make sure your rights are protected:
Notify your employer in writing of your pregnancy (if you haven’t yet). The protection during pregnancy begins when you inform them. Keep evidence (email, letter).
Ask your employer to confirm in writing that your role is “at risk” and request all alternative roles under consideration. As soon as your position is at risk, they must consider whether suitable alternative roles exist. You may want them to set out the vacant roles, descriptions, and whether they believe they are “suitable.”
Ensure the vacancy is genuinely suitable. If offered a role, check whether its pay, hours, location, and responsibilities are substantially less favourable. If so, you may have grounds to refuse.
Use the trial period. You’re typically entitled to a 4-week trial. If you’re training and the period is extended by agreement, get that in writing. If during the trial the role proves unsuitable, you can reject it and still claim your redundancy rights.
If the employer fails to offer you or excludes you unfairly, consider legal advice. Failing to comply with these rules can amount to automatic unfair dismissal and/or pregnancy/maternity discrimination.
Keep records. Stay organised with emails, job specs, correspondence, meeting notes, and consultation documents. These may be crucial evidence in disputes.
Act promptly. Claims to employment tribunals typically have tight deadlines (often three months less one day from the effective dismissal date).
Redundancy Protection FAQs
Question | Answer/caution |
Can I be selected for redundancy even if I’m pregnant or on maternity leave? | Yes, protection is about redeployment priority, not automatic exclusion from selection. Selecting must still follow a fair, non-discriminatory process. |
Can my time off for pregnancy/maternity be used against me in scoring? | No, absence due to pregnancy, childbirth, or maternity leave must not be penalised in redundancy selection. |
What if the alternative job is in a distant location or with lower pay? | That may mean it’s not “suitable.” You can argue unsuitability, as location, pay, and the impact on childcare all matter. |
What about shared parental leave, adoption leave, and neonatal leave? | The extended protection rules also cover adoption leave and shared parental leave (given certain conditions). Some future reforms also touch on neonatal leave. |
Summary: what really changed, and why it matters
The priority protection window has been extended, now covering pregnancy (from notification) and up to 18 months postpartum/adoption.
Priority for suitable alternative vacancies means you must be offered fitting roles first if your job is redundant.
But this is only triggered if a genuine vacancy exists; you can’t always displace others.
To use these rights, you must proactively engage: notify your employer, ask for vacancy information, assess suitability, and hold them accountable.
If you’re dealing with redundancy in or around pregnancy, these changes strengthen your footing and they raise the stakes for employers to do things properly.
A note from Yune
Yune is your trusted companion through pregnancy and beyond, combining NHS-sourced guidance with expert-backed insights to help you feel informed and supported. Whether you’re navigating work rights, birth prep, or postpartum life, Yune makes it easier to understand what matters most.
Download the Yune app to explore friendly, evidence-based guidance tailored to you.
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