When automation removes or merges roles, the people away from work are easy to overlook, and a new structure is often designed while they are on leave. Regulations in Great Britain give employees who are pregnant, on maternity, adoption or shared parental leave, or recently back from it, a priority right: if their role is redundant and there is a suitable available vacancy, they are entitled to be offered it. Since 6 April 2024 the protection also covers a period after the leave ends. This page sets out the rules for employees and employers.
The short answer: where it is not practicable by reason of redundancy to continue employing the employee under their existing contract during a protected period, and there is a suitable available vacancy, the employee is entitled to be offered alternative employment with the employer, a successor or an associated employer, starting immediately when the old contract ends (Maternity and Parental Leave etc. Regulations 1999, reg 10). If the employer dismisses for redundancy without complying, the dismissal is automatically unfair (reg 20(1)(b)).
Who is protected, and when
- Pregnancy and maternity (reg 10(1) to (1E)): the protection covers the protected period of pregnancy, which begins when the employer is informed of the pregnancy; the statutory maternity leave period; and an additional protected period that runs after maternity leave ends, during continuous employment, until 18 months from the first day of the expected week of childbirth. If the employee notifies the employer of the actual date of birth before the end of maternity leave (or as soon as reasonably practicable after), the 18 months run from the date of birth instead. The employer may ask for that notice in writing.
- Adoption (Paternity and Adoption Leave Regulations 2002, reg 23): the protection covers the statutory adoption leave period and an additional protected period ending 18 months after the child is placed with the employee for adoption.
- Shared parental leave (Shared Parental Leave Regulations 2014, reg 39): the protection covers any period of shared parental leave. Where the employee has taken six consecutive weeks of shared parental leave, an additional protected period follows, ending 18 months after the child's birth or placement for adoption. Regulation 39 does not apply where the maternity or adoption rule already applies (reg 39(1C)).
The extended periods depend on dates (SI 2024/264, reg 3): for maternity they apply where the statutory maternity leave period ends on or after 6 April 2024, and the pregnancy period applies where the employer is informed of the pregnancy on or after that date; for adoption, where adoption leave ends on or after 6 April 2024; for the shared parental leave additional period, where the six consecutive weeks of leave began on or after 6 April 2024.
What counts as a suitable vacancy
The new contract must be one where the work is both suitable in relation to the employee and appropriate for them to do in the circumstances, and its terms on capacity, place of work and other conditions are not substantially less favourable than under the previous contract (reg 10(3)). The offer must be made before the old employment ends and the new contract must take effect immediately on its ending (reg 10(2)). The rules for adoption and shared parental leave use the same test (reg 23(2) and (3); reg 39(2) and (3)).
In an AI restructuring this means that when old roles disappear and new ones appear (a prompt engineer, a workflow supervisor, a quality reviewer of automated output), the protected employee is entitled to be offered a suitable one if it is available.
If the rule is broken
A dismissal is automatically unfair if the reason, or principal reason, is redundancy and the regulation was not complied with (1999 Regulations, reg 20(1)(b); 2002 Regulations, reg 29(1)(b); 2014 Regulations, reg 43(1)(b)). For other unfavourable treatment, see pregnancy and maternity detriment. Separately, selecting an employee for redundancy for a reason connected with pregnancy, childbirth or taking maternity, adoption or shared parental leave is also automatically unfair (reg 20(2) and (3), reg 29(2), reg 43(2) and (3)). For maternity, reg 20(7) sets out a narrow exception where an associated employer offers a suitable job and the employee accepts or unreasonably refuses it; the employer must show it applies (reg 20(8)).
For the general redundancy rules, see redundancy selection, redundancy pay and unfair dismissal, including time limits. For leave and pay, see family leave pay, adoption leave pay and shared parental pay.
Practical steps
- Employers: before running selection or redeployment, list everyone in a protected period, including those who returned from leave in the last 18 months, and match them to suitable vacancies first. Keep in touch with people on leave about the new structure, and record what was offered and why it was suitable.
- Employees: if you are told your role is going, ask in writing which vacancies exist in the new structure, including at associated companies. If you are on maternity leave, notify the date of birth so the protected period runs from the right date.
These Regulations extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.
Questions and answers
Do I get priority for a new role if my job is cut while I am on maternity leave?
Yes. If it is not practicable by reason of redundancy to continue your existing contract and there is a suitable available vacancy, you are entitled to be offered it, with the employer, a successor or an associated employer (Maternity and Parental Leave etc. Regulations 1999, reg 10).
Does the protection end when I return to work?
No. Since 6 April 2024 it also covers an additional protected period after maternity or adoption leave, ending 18 months after the expected week of childbirth (or the birth date if notified) or after placement for adoption.
Does shared parental leave count?
Yes, during the leave, and after it if you took six consecutive weeks of shared parental leave, until 18 months after the birth or placement (Shared Parental Leave Regulations 2014, reg 39).
What if the employer ignores the rule?
A redundancy dismissal where the regulation was not complied with is automatically unfair (reg 20(1)(b) of the 1999 Regulations, reg 29(1)(b) of the 2002 Regulations, reg 43(1)(b) of the 2014 Regulations).