by Niamh Fennelly, Professional Support Lawyer, Arthur Cox LLP
The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (Commencement) Order 2024 has been signed and names 20 November 2024 as the date on which the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (the “Act”), insofar as it is not already in operation, comes into operation.
Under the Act, it is now possible for employees to postpone maternity leave in the event of a serious health condition.
In addition, the Act amends the Employment Equality Acts to provide for a restriction on the use of non-disclosure agreements (“NDAs”) in respect of allegations of discrimination, victimisation, harassment and sexual harassment. In such circumstances, NDAs may only be entered into as part of terms of settlement agreed in a WRC mediation or where the NDA satisfies the requirements of an ‘excepted non-disclosure agreement’.
To be an excepted non-disclosure agreement, the employee must request the employer to enter into an NDA and, prior to entering into the agreement, the employee must have received independent legal advice in writing from a legal practitioner in relation to the implications of entering into an agreement. The employer must also pay the reasonable legal costs and expenses of obtaining the legal advice. The agreement must also satisfy a number of other criteria.
About the author
Niamh Fennelly leads the knowledge function within the Employment Group at Arthur Cox LLP. Niamh has significant experience advising clients across all areas of employment law. She is responsible for legal, regulatory and commercial awareness; horizon-scanning for clients; education (internal and client) via training and tailored legal and regulatory updates; and the development of precedents. Niamh regularly presents at seminars on a range of employment law topics and authors industry briefings and alerts on key developments.
