Announcing a pregnancy or planning parental leave should be a time of excitement and anticipation. Yet, for many employees in England and Wales, this milestone is shadowed by anxiety about job security. Stories abound of staff being laid off or offered voluntary redundancy within weeks of sharing their news. While the law offers robust protection, the reality can feel very different. This article explores whether such actions by employers are lawful, what rights parents have, and what steps can be taken if redundancy is threatened soon after announcing pregnancy or parental leave.

2. The Legal Framework

The law in England and Wales provides strong safeguards for employees during pregnancy and parental leave. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, strengthened in April 2024, extends the period of protection from the moment an employee notifies their employer of pregnancy or intention to take parental leave, up to 18 months after the child’s birth. During this “protected period,” employers must not select an employee for redundancy because of their pregnancy, maternity, or paternity leave. Doing so is automatically considered unfair dismissal and may also amount to discrimination.

If a genuine redundancy situation arises, the law requires that employees on maternity or paternity leave are given priority for any suitable alternative vacancies. This means they must be offered a suitable alternative role before any other employee, and without the need to apply or interview. The employer must be able to show that the redundancy is genuine and not a cover for discrimination.

3. Timing and Motive: Why Redundancy Soon After Announcing Leave Is a Red Flag

The timing of redundancy or a voluntary redundancy offer is a critical factor in determining whether an employer’s actions are lawful. If redundancy is announced within weeks of an employee notifying their employer of pregnancy or parental leave, this raises immediate questions about motive. The law recognises that selecting someone for redundancy because they are pregnant or planning to take leave is unlawful.

Employers sometimes attempt to disguise the real reason for redundancy by citing “business needs” or “restructuring.” However, if the timing closely follows a pregnancy or leave announcement, or if only the new or expectant parent is affected, this can indicate that the redundancy is not genuine. Other warning signs include being offered a voluntary redundancy package unexpectedly, or being pressured to accept a settlement agreement quickly.

4. What to Do If You’re Targeted

If you find yourself facing redundancy or a voluntary redundancy offer soon after announcing pregnancy or parental leave, there are important steps you can take to protect your rights:

• Ask for Written Reasons: Request a clear, written explanation for the redundancy and the process used to select you. This helps establish whether the process was fair and transparent.

• Check for Suitable Alternatives: Ask your employer what alternative roles were considered and why you were not offered them. You have a legal right to be prioritised for any suitable vacancies.

• Gather Evidence: Keep all communications, meeting notes, and any job adverts for similar roles. This documentation can be vital if you need to challenge the redundancy later.

• Don’t Resign Voluntarily: Wait for a formal redundancy notice. Resigning may weaken your position and affect your entitlement to redundancy pay or the ability to challenge the decision.

• Negotiate Any Settlement: If offered a settlement, know that you can negotiate for better terms, especially if you mention potential discrimination or unfair dismissal.

5. Checklist: Signs Your Redundancy May Be Unlawful

It’s important to recognise the warning signs that a redundancy may not be genuine or fair. Here are key indicators to watch for:

• Redundancy or layoff announced within weeks of notifying your employer about pregnancy or parental leave.

• Lack of consultation or a rushed process, with little explanation of how you were selected.

• No offer of suitable alternative roles, or being presented with roles that are clearly impossible to accept due to pay, location, or hours.

• Other staff in similar roles are unaffected, suggesting you were singled out.

• Pressure to accept voluntary redundancy or sign a settlement agreement quickly, without time to consider your options.

If you notice one or more of these signs, it’s worth questioning the process and seeking further clarification from your employer.

6. Conclusion

Facing redundancy or a voluntary redundancy offer soon after announcing pregnancy or parental leave can be deeply unsettling. The law in England and Wales is designed to protect you from unfair treatment at this vulnerable time. Employers must follow strict procedures and cannot use redundancy as a cover for discrimination. If you suspect the process is not genuine, you have the right to challenge it and seek a fair outcome.

7. Practical Encouragement

If you find yourself in this situation, remember that you are not alone and you have options. Take your time to review any documents, ask questions, and don’t be rushed into making decisions. Gathering evidence and understanding your rights can make a significant difference.

Disclaimer: This content is for general information only and does not constitute legal, financial, or tax advice. Outcomes may vary depending on your individual circumstances.