On 22 October 2026, the UK government published its response to the consultation on enhanced dismissal protection for pregnant women and new mothers (those who had given birth in the last 18 months). The consultation ran from 23 October 2025 to 15 January 2026.  Its purpose was to determine how stronger protection should work in practice: the legal test for fairness, when protection starts and ends, and how it should apply across other forms of family leave. The government has now confirmed its approach, with the new regime expected to come into force in October 2027.

Background

Pregnant employees, new mothers and those on other types of family leave currently have the following protections:

  • Equality Act 2010: provides protection againstunfavourable treatment because of pregnancy, pregnancy-related illness or maternity leave.
  • Automatic unfair dismissal: dismissal for a reason connected with pregnancy, childbirth or maternity leave is automatically unfair from day one of employment.
  • Ordinary unfair dismissal: pregnant women and new mothers can still be dismissed for unrelated reasons namely capability, conduct, redundancy, statutory prohibition or some other substantial reason (SOSR), judged against the “band of reasonable responses” test. The qualifying period is currently two years, reducing to six months from 1 January 2027 under the Employment Rights Act 2025.
  • Enhanced redundancy protection: employees who are pregnant or on relevant family leave have priority for suitable alternative vacancies, extending to 18 months after birth or placement for maternity and adoption leave.

The government concluded that these safeguards are too narrow. Redundancy protection applies only to redundancy, and an employee can still be dismissed where no suitable vacancy exists.

Overview of the confirmed changes

The government has set out its main proposals for change:

  • A new proportionality test. During the protected period, the band of reasonable responses test will be replaced by an Equality Act-style “objective justification” test: the employer must show that dismissal is a proportionate means of achieving a legitimate aim. This will ordinarily require the employer to show that less severe alternatives, such as adjustments, temporary measures or suitable alternative roles, were not reasonably available. The government considers that this approach best captures the options consulted on while applying a consistent threshold. The government will provide guidance on how to comply with the test in practice.
  • All five fair reasons retained.  The responses to the consultation indicated that dismissal should still be permitted during the protected period for all five fair reasons for dismissal: capability, conduct, redundancy, statutory prohibition and SOSR.  However, a dismissal for one of these reasons will be subject to the higher proportionality threshold.
  • Day-one right. The government will legislate to make enhanced dismissal protection a day-one right, with no qualifying period of service.  Protections will therefore begin when an employee informs her employer (either in writing or verbally) that she is pregnant.
  • Duration of protection for pregnant employees and new mothers. Protection lasts throughout pregnancy and maternity leave and for six months after leave ends.   Where a woman is not entitled to maternity leave (for example, where a pregnancy ends before 24 weeks), the enhanced dismissal protection will continue for two weeks after the pregnancy ends. The existing 18-month redundancy protection remains in place alongside the new regime.
  • Other parents. Enhanced dismissalprotection will extend to parents taking adoption leave, shared parental leave, neonatal care leave and bereaved partner’s paternity leave, from the first day of leave to six months after it ends. For the last three types, the post-leave protection applies only where at least six continuous weeks of leave are taken so that the protection is focused on individuals who have taken a significant period away from work.
  • Implementation. The changes will be made by regulations, intended to take effect in October 2027, supported by guidance developed with Acas, unions, employers and charities.
  • Unintended consequences.  Respondents to the consultation identified risks of unintended consequences including a risk of increased hiring discrimination, employers delaying dismissals until protection ends, burdens on small businesses, and legal uncertainty. The government response states that the proportionality test can take account of an employer’s size and context, and commits to keeping the impact under review.

What this means for employers

The key change for employers will be a higher evidential burden. Within the protected period, it will no longer be enough to show that dismissal was within the range of reasonable responses. Employers will need to identify a legitimate business aim and show that dismissal was proportionate, which in practice means documenting the alternatives considered and why they were rejected.  In addition, employers will need to take the following steps:

  • Ensure HR systems track when an employee notifies the employer of the pregnancy, the start and end of each relevant type of leave, the six-week continuous leave threshold, and the six-month post-return window. All of this must be tracked alongside the separate 18-month redundancy protection.
  • Take particular care with probation as dismissals of employees who have told their employer they are pregnant will fall within the regime, so probation processes need particular care.
  • Review disciplinary, capability, sickness absence, redundancy, probation and family leave policies to add a specific “protected period” step, requiring alternatives to be considered and the decision to be signed off at a senior level.
  • Avoid delaying decisions until the protected period ends.  This was a widely flagged concern and is likely to attract tribunal scrutiny. Ensure decisions are driven by genuine business need and well documented.
  • Watch for the draft regulations and the Acas and GOV.UK guidance, and plan for implementation in October 2027.

Although the formal consultation has closed, the government has committed to ongoing engagement with employers and representative bodies as it develops the regulations and guidance. HR professionals and in-house counsel should use the time before October 2027 to assess their organisation’s exposure and update their policies so they are ready before the new test takes effect.