The UK Authorities has introduced that will probably be supporting a brand new regulation that offers girls coming again to work after being off on maternity depart extra safety from redundancy.
Employment regulation solicitor, Rachel Ford-Evans at Darwin Grey explores what this implies and shares some key issues for employers to think about.
What’s the deliberate change to the regulation?
The regulation in the mean time protects girls from the danger of being made redundant throughout their maternity depart. If an employer is considering of creating a few of their workers redundant, the regulation says that the employer has to supply an worker who’s off on maternity depart any appropriate out there job in precedence to different staff who’re additionally liable to redundancy.
The deliberate modifications goal to increase that safety so that ladies can be protected all through their being pregnant and after they arrive again from maternity depart as nicely, with the Authorities suggesting that this safety will start on the level they inform their employer they’re pregnant and go on for 18 months from the beginning of their maternity depart. The Authorities has mentioned that the brand new regulation will protect pregnant girls and new moms from discrimination at work by “providing them higher job safety at an essential time of their lives”.
This enlargement of the regulation comes alongside a latest Employment Tribunal case during which a brand new mom took on the grocery store big Morrisons for discriminating towards her when she got here again from maternity depart.
What occurred within the case?
Earlier than she went on depart, Donna Patterson was supplied a promotion. When she obtained the provide, she hadn’t informed her bosses but that she was pregnant. Whereas she was off on maternity depart, Morrisons restructured the division she labored in in order that the brand new function she was supplied now not existed. As an alternative, when she got here again to work, her employer requested her to tackle a full-time function, despite the fact that she was employed as a part-time employee. The worker efficiently introduced a declare for maternity discrimination and unfavourable therapy.
Morrisons was ordered to pay her £60,000 in compensation.
What do employers have to do?
In the event you’re an employer fascinated by making redundancies or restructuring, there are just a few key issues to consider in the case of staff who’re pregnant or taking maternity depart:
- When going by way of a redundancy course of, don’t neglect about staff in the event that they aren’t current within the office and don’t be tempted to imagine that they received’t wish to return to work simply because they’re beginning a household. This might result in an Employment Tribunal declare for discrimination.
- Communicate with staff who’re off on maternity depart. It will make integrating them again into the office a lot simpler and provides the brand new mom the possibility to let you know what help they might want earlier than coming again to work.
- Be open with the worker returning to work about their function, how any deliberate restructure could have an effect on them, in the event that they want any further coaching, and have a chat about your versatile working insurance policies in the event that they want to. It will let you know what their plans are and the way they’ll match into any restructured crew.
- Be sure you’re updated with the regulation on maternity rights and what protections staff who’re pregnant or on maternity depart have, and search authorized recommendation in case you are contemplating making redundancies which might have an effect on these staff.
For extra steering on restructuring and redundancies, be part of our employment regulation webinar on Thursday 24 November at 12pm. Register your free place.
In the event you want any assist with any of the problems raised above, please contact employment lawyer Rachel Ford-Evans on [email protected] / 02920 829 120 for a free preliminary chat.
