The Employment Rights Bill (ERB) will strengthen protection against dismissal for pregnant women and those taking or returning from a period of statutory family leave. The Government has opened a consultation on what these tighter dismissal protections could look like for pregnant women and new mothers. In short, dismissal would be prohibited during pregnancy, maternity leave and for at least six months after a return to work, except for a few clearly defined exceptions. These proposals sit within the Plan to Make Work Pay and are intended to reduce pregnancy and maternity discrimination by providing clearer, stronger protection. The consultation opened on 23 October 2025 and closes on 15 January 2026, with implementation aimed for 2027.
For the purposes of the consultation, “new mothers” means those who have given birth in the last 18 months. Below, we outline the legal context; the two models which are being consulted on; the proposed timing and scope of protection; and the takeaways for both employers and employees.
Where are we now, and why is change being proposed?
By way of background, dismissals because of pregnancy or maternity are automatically unfair. In redundancy situations employers must also offer any suitable alternative role to pregnant employees (if they have notified their employer about their pregnancy); to employees on maternity or adoption leave, (and where six weeks continuous leave is taken) shared parental leave or neonatal care leave; and to employees who have recently returned from statutory leave (up to 18 months after birth or adoption placement).
Despite these current protections, data shows that problems still persist – the Equality and Human Rights Commission report from 2016 found that 11% of mothers may be forced out of their jobs each year, either by being dismissed during pregnancy, maternity or on return or were treated so poorly they felt they had to leave. The Government’s proposal is aiming to draw a clearer line, creating a defined “protected period” (covering pregnancy, maternity leave and at least six months after return), during which dismissal would be prohibited except for clearly defined statutory exceptions. The Government is therefore seeking views on how this proposal would work in practice, and the circumstances where an employer can still lawfully let someone go.
What might still justify dismissal in the protected period?
Two options are currently being considered. One would keep the five potentially fair reasons for dismissal (conduct, capability, redundancy, statutory prohibition and some other substantial reason (SOSR)) but add a stricter test for this group. For example, by requiring employers to show significant business harm, health and safety risks, or serious impact on others before being able to dismiss a pregnant employee or new mother. The other proposed approach would be to narrow or remove some reasons during the protected period. For instance, limiting conduct to gross misconduct, disapplying capability, restricting SOSR, and allowing redundancy only in defined scenarios (e.g. no suitable alternative role exists and dismissal would mitigate serious financial difficulties, or the business ceases), alongside stronger redeployment duties. The consultation from the Government explores each reason and invites evidence on the operational impact, especially for smaller employers.
When protections should start and end, and who is covered?
The consultation asks when protection should start and for how long. It explores whether protection should start on employee notification of pregnancy or earlier, and whether post‑return protection should align with the 18-month window from birth used in redundancy protection, or be a flat six months after return. For pregnancies ending before 24 weeks, alignment with the current two‑week enhanced protection against redundancy from the end of pregnancy is proposed, and the interaction with the separate consultation on miscarriage bereavement leave will be reviewed. Extension to other longer family leave takers (adoption, shared parental, neonatal care and bereaved partner’s paternity leave) is also in scope, however, ordinary paternity leave is not due to its short duration.
The consultation also asks for views on whether the enhanced protection should be a day‑one right for employees or subject to a short qualifying period of service (e.g. 3 – 9 months).
Unintended consequences
The Government acknowledges risks, such as employers potentially delaying hard decisions, perceived unfairness and resentment if protections are misunderstood, or, at worst, an increase in hesitancy to hire women of a child-bearing age.
What are the takeaways for employers?
To better prepare for the upcoming changes, employers should treat this as the direction of travel, even if the details are not yet finalised. This is because, the principle of stronger dismissal protection during an employee’s pregnancy, maternity leave and the months after return is set out in the Employment Rights Bill and it is just the finer details which are now being consulted on. Employers should keep abreast of the consultation and the forthcoming regulations and make any necessary changes to their policies ahead of the changes coming into force in 2027. Employers will also need to refresh manager training so that managers are aware of the implications of pregnancy or family leave on proposed dismissals.
What are the takeaways for employees?
Employees will also want to keep abreast of the consultation responses and the regulations as they will have enhanced protection against dismissals from 2027. If the protection only commences once an employee has notified their employer they are pregnant, then employees may wish to make notifications as early as they feel comfortable doing so to ensure the protections kick in.
How We can Help
If you require any advice in relation to the Employment Rights Bill, please contact a member of our team employment@wslaw.co.uk