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Pregnant employees are afforded enhanced protection under the new rules. iStock.
29 Oct 2026, 3:51 pm
The government has published its response to a consultation on enhanced dismissal protection for pregnant women and new mothers, confirming that strengthened safeguards will be introduced through regulations expected to take effect from October 2027. The reforms are part of the government’s wider employment law agenda.
Anne Sammon, employment law expert at Pinsent Masons, said: “These reforms will represent a real step change in the way employers need to approach any proposed dismissal of a pregnant woman or new parent within a protected period.”
The consultation examined when enhanced protection should apply, the circumstances in which dismissal should remain possible, and whether equivalent protection should be extended to employees taking other forms of family-related leave.
Under the proposals, the existing five potentially fair reasons for dismissal will remain. However, during the protected period, the usual “band of reasonable responses” test will be replaced by a more demanding proportionality test.
Alyce McNaughton, a specialist in workplace family rights at Pinsent Masons, said: “Employers will need to demonstrate that dismissal is a proportionate means of achieving a legitimate aim. In practice, this will require employers to consider whether there are reasonably viable alternatives to dismissal before proceeding. This could include considering adjusted duties or whether a suitable alternative role is available. The government has indicated that the size and circumstances of the employer will also be relevant.”
The range of alternatives to dismissal could include workplace adjustments, temporary arrangements, additional support or training, or the identification of suitable alternative roles.
The new protection will be a day-one right, with no minimum qualifying period. For pregnant employees, protection will apply from day one of employment once an employee informs their employer that they are pregnant. The protection will continue throughout maternity leave and for six months after the leave ends.
Comparable protections will also be extended to certain other forms of family leave, reflecting the government’s aim of providing more consistent protection across different parenting arrangements.
Employees taking adoption leave will be protected from the first day of leave until six months after it ends. Shared parental leave, neonatal care leave and bereaved partner’s paternity leave will also fall within the new regime, although the six-month post-leave protection will apply only where at least six continuous weeks of leave have been taken.
The government has stopped short of introducing an outright ban on dismissals during pregnancy, maternity leave or the post-leave protected period. Existing potentially fair reasons for dismissal will remain available. However, employers will need to be able to justify why dismissal was necessary and proportionate in the circumstances.
Sammon said: “Although a fair dismissal remains possible, the proportionality test shifts the question from what is reasonable to whether an employer’s decision truly struck the right balance.”
“The reforms are also likely to increase the importance of documenting decision-making processes. Employers may wish to record not only the reasons for a proposed dismissal but also the alternative options that were considered and why they were not regarded as reasonably viable. While the government has not proposed a formal procedural requirement of this kind, such records could prove important in demonstrating compliance with the new test,” she added.
The government has said it does not intend to prescribe precisely how the proportionality test should operate in regulations. Instead, practical guidance is expected to be developed by the Advisory, Conciliation and Arbitration Service (Acas) to help employers understand how to comply with the new requirements.
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