The next step

On redundancy

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No suitable available vacancy on redundancy

[Letter]

Redundancy during pregnancy and family-related leave

Application of extension

The extension of the redundancy protected period (RPP) to those who are pregnant or have recently returned from maternity, adoption or shared parental leave applies where: (1) the employee informed you of their pregnancy on or after 6 April 2024; (2) their maternity or adoption leave ended on or after 6 April 2024; or (3) they’ve taken at least six consecutive weeks of shared parental leave that started on or after 6 April 2024. We discussed this extension in yr.26, iss.4, pg.6 (see The next step ). The RPP already covered those on maternity, adoption or shared parental leave.

Redundancy still permitted

The RPP isn’t a right not to be selected for redundancy or not to be made redundant; employees who benefit from the RPP can still go into the pool for selection along with everyone else, and they can still be made redundant (provided they’ve been fairly selected for redundancy, you’ve properly consulted with them, etc.).

Right to suitable available vacancy

What the relevant legislation says is that where an employee who benefits from the RPP is at risk of redundancy, they are entitled to be offered a “suitable available vacancy” , with either their employer or an associated employer, under a new employment contract which takes effect immediately on the end of their employment under their previous contract. This is an automatic right that trumps the rights of other employees, so they don’t need to apply for the vacancy nor do they need to go through a competitive interview process (unless there’s more than one employee who benefits from the RPP and only one suitable available vacancy, in which case you should go through a selection process to decide to whom to offer the vacancy - but bear in mind that the available vacancy may not be suitable for all those employees who do benefit from the RPP).

Is it a suitable vacancy?

Importantly, the new employment contract must be such that: (1) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for them to do in the circumstances; and (2) its provisions relating to role, work location and the other terms of employment are not substantially less favourable than the employee’s previous contract terms.

You can take into account what you know about the employee’s work experience and personal circumstances when determining suitability.

Tip. If a vacancy isn’t suitable and appropriate or if the contract’s terms are substantially less favourable, you don’t need to offer it under these statutory provisions (see The next step ).

Tip. If there are no suitable available vacancies that meet these criteria, the employee should simply be considered for alternative roles alongside other “at risk” employees, i.e. with no preferential status.

Tip. If there’s more than one suitable available vacancy, you don’t need to offer the employee a choice; you’ll fulfil your obligation if you offer them just one vacancy - and you can choose which one.

For our previous article and a no suitable available vacancy on redundancy letter, visit https://www.tips-and-advice.co.uk , Download Zone, year 26, issue 9.