On 22 October 2026, the government published its Response to the earlier consultation on enhanced dismissal protections for pregnant women and new mothers (see FC Feature 24 October 2025). The consultation sought views on proposed legislation to make it unlawful to dismiss pregnant women, mothers on maternity leave and new mothers following their return to work during 'a protected period'. Following the consultation, the government has decided to strengthen the legal framework governing dismissal during the protected period, and to ensure that comparable protections are available to employees taking other relevant forms of leave (BIST Press Release). The government intends that the measures will come into force in October 2027.
Key elements of the government's intended approach are as follows.
- Legal test during the protected period – the government plans to replace the current band of reasonable responses test for unfair dismissal with the proportionality test (ie the 'objective justification' test used for a number of discrimination claims under the Equality Act 2010). In practice, this means employers will need to demonstrate that dismissal is a proportionate way of achieving a legitimate business aim and that less severe alternatives were not reasonably available (eg temporary changes to a role, identifying suitable alternative roles). The existing redundancy protections, including the 18-month protected period, will remain in place.
- When dismissal should be permitted – the government has decided to retain the five existing fair reasons for dismissal (see Unfair dismissal, Q&A here), while strengthening the framework for assessing fairness during the protected period. This approach ensures that dismissal remains possible where justified, while providing greater protection for pregnant women, new mothers, and other parents.
- Start of protection entitlement – the enhanced dismissal protections will be a 'day one' right with no qualifying period. Protections will apply when an employee informs her employer (either in writing or verbally) that she is pregnant.
- When the protection ends – the enhanced dismissal protections will extend throughout pregnancy and maternity leave and continue for six months following the end of leave. Where a pregnancy ends before 24 weeks and there is no entitlement to maternity leave, the enhanced dismissal protections will last for two weeks following the end of a pregnancy.
- Other forms of parental leave – the government intends to extend enhanced dismissal protections to adoption leave (with protections applying during the period of leave and for six months following the end of leave). Protections will also apply to shared parental leave, neonatal care leave and bereaved partner's paternity leave (with protections applying during the period of leave and for six months following the end of leave where six or more continuous weeks of leave are taken) (see Other family leave & pay).
Next steps
The changes will be implemented through regulations which, as above, the government intends will come into force in October 2027. The government will work with trade unions, employers and charities to develop and promote this guidance. Supporting information will be published and complemented by guidance from ACAS. The government will keep the impact of the measures under review and will consider whether further action is needed to tackle pregnancy and maternity discrimination.
First published on the Employment News Service on 22 October 2026
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