The Department for Business and Trade has launched a consultation under the “Make Work Pay” initiative, seeking views on proposed legislation to strengthen dismissal protections for pregnant women and new mothers. The consultation is open until 15 January 2026, and forms part of the wider Employment Rights Bill currently progressing through Parliament.

Overview of Proposed Changes

Currently, it is unlawful to discriminate against women because they are pregnant or because they are, or have been, on Maternity Leave.  There are also enhanced redundancy protections for such women.  However, the government indicates that there is still a need for further action and proposes to make it unlawful to dismiss:

  • Pregnant employees,
  • Those on maternity leave,
  • And those who have returned to work within the previous six months,

except in specific circumstances. The aim is to reduce maternity-related discrimination and improve job security for working mothers.

Key Areas for Consultation

The consultation invites views on several aspects of the proposed legislation:

  • In what circumstances should dismissals be allowed?: The consultation seeks views on which specific circumstances it should remain lawful to fairly dismiss a pregnant woman or new mother.  The new protections need to strike a fair balance between employee protections and operational needs. There may also be unintended consequences, such as employers becoming more hesitant to hire women of child-bearing age.  The government is proposing two options.  The first is to introduce a new general test for fairness where employers would still be able to rely on any of the existing fair reasons for dismissal, but they would also be required to meet a new stricter standard when relying on that reason to dismiss a pregnant woman or new mother. The second option would be to narrow the scope of and/or remove some of the fair dismissal reasons in section 98 of the Employment Rights Act 1996 when applied to pregnant women and new mothers. For example, only permitting dismissal on ‘conduct’ ground in cases of gross misconduct, or removing ‘capability’ as a fair reason. 
  • Start and End of Protection: Whether protection should begin from the date the employee informs the employer of the pregnancy or from the start of the pregnancy itself. Similarly, whether protection should end six months after returning to work or 18 months after the child’s birth.
  • Extension to Other Parents: Whether similar protections should be extended to those taking adoption leave or shared parental leave.
  • Awareness of rights:  How to ensure that women are aware of the enhanced dismissal protections for pregnant women and new mothers.
  • Business Impact: How best to support employers in implementing the changes and mitigating unintended consequences, such as reluctance to recruit women of childbearing age.

Why This Matters

Despite existing legal protections, research indicates that up to 54,000 mothers each year may be dismissed, made redundant or treated so poorly that they feel compelled to leave their jobs. The proposed reforms aim to close the gap between legal rights and workplace realities.

Next Steps

Clients with employees in the UK should consider:

  • Reviewing current dismissal and maternity policies,
  • Preparing to update HR procedures in line with the proposed legislation,
  • Participating in the consultation if they wish to influence the final shape of the regulations.

The consultation document is available here, and responses must be submitted by 15 January 2026.