There are three new statutes coming into force which increase the rights of working parents and carers.

This new legislation relates to increased protection for women returning from maternity leave who are at risk of redundancy, unpaid leave for carers, and paid leave for parents with children in neonatal care.

In this blog, we take a look at each of the new Acts and their implications so that you know what to expect.

1. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023: First refusal of alternative work in a redundancy situation

As the law stands now, a woman on maternity leave who is going to be made redundant takes priority over her colleagues when it comes to available alternative employment.

Regulation 10 of the Maternity and Paternity Leave Regulations 1999 provides that a woman on maternity leave whose job is being made redundant is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or an associated employer, in any suitable vacancy available that offers work appropriate for her and on terms not substantially worse than her previous job.

Where such a role exists, she must be given first refusal before other at-risk colleagues. Similar protections apply to those on adoption leave and shared parental leave.

However, these rules have not been effective in protecting new parents. Worryingly, the Equality and Human Rights Commission estimates that around 54,000 new mothers are forced out of their jobs in Britain each year. Similarly, a poll conducted by the Trades Union Congress during the pandemic found that one in four women who were pregnant or on maternity leave had experienced unfair treatment at work, including being singled out for redundancy or furlough.

The new rules seek to address this problem by extending the existing redundancy protection for pregnant employees to 18 months after birth, giving mothers returning from maternity leave an additional six months of protection.

Note that the rules don’t prevent someone on or returning from maternity leave from being made redundant in the first place – they just give her first refusal on any alternative work which might then be available.

At the time of writing, no implementation date has been set, so it is unlikely that this change will come into force before 2024. We will, of course, provide updates as soon as they are available.

2. The Neonatal Care (Leave and Pay) Act 2023: Additional leave and pay for employees with children receiving neonatal care

To support families and make it easier for them to focus on their baby’s health without worrying about job security or income, the Government has created a new statutory entitlement to leave and pay for employees whose babies spend an extended period – at least seven days – in neonatal care.

The Neonatal Care (Leave and Pay) Act provides both parents with up to 12 weeks of paid leave (in addition to other leave entitlements, such as maternity and paternity leave). Employees will be able to take the leave either when their child is receiving neonatal care or afterwards, meaning parents will be able to add neonatal care leave to the end of other forms of statutory parental leave to which they may be entitled.

Given the changes that need to be made to HMRC systems, as well as employers’ and payroll providers’ pay systems, plus the need to put in place extensive secondary legislation and guidance, it is estimated that the introduction of these new rules will take place in around 18 months, and not before October 2024 or April 2025.

3. The Carer’s Leave Act 2023: A week’s unpaid leave for carers

Unpaid carers face significant financial, emotional and physical challenges, and may sometimes need time off work related to their care responsibilities. Recognising this, the Government announced in December 2019 that it would introduce a right to one week’s unpaid leave for carers. 

After consultation and a delay caused by Parliamentary time dominated by Brexit and COVID, a new statute, the Carer’s Leave Act, will soon become law.

Employees will be able to take the leave granted by the Act flexibly to suit their caring responsibilities, will be protected from any detriment or dismissal as a result of having taken time off, and will not be expected to provide evidence of how the leave is to be used.

According to Carers UK, the introduction of carer’s leave will have a significant impact on the lives of unpaid carers and improve their overall wellbeing, by enabling them to stay in work while giving them the flexibility they need to attend appointments and arrange or provide care. However, given that the number of people in paid work who are also providing unpaid care increased to over 7 million in 2020 – and, on average, 600 people a day leave work due to care – the Act arguably doesn’t go far enough.

The fact that the leave is unpaid does limit its value to employees, and employers may choose to provide paid leave for carers as part of their employment policies. Another potential problem is that without the need for employees to provide evidence, the right to carer’s leave could be open to abuse and may become a source of frustration for employers.

As with the other legislation noted above, these provisions are likely to come into effect at the end of this year or early 2024.