Employment Rights Act 2025: Enhanced dismissal protections for pregnant women and new mothers expected in October 2027

The Government recently published an updated implementation timeline for the Act through to the end of 2027. On the same day, 22 October 2026, the Government also published its response to the consultation on strengthening dismissal protections for pregnant women and new mothers. The consultation took place between 23 October 2025 and 15 January 2026.

The Government has confirmed that these enhanced dismissal protections for pregnant women and new mothers will take effect in October 2027.

The Government has also published its response to the fire and rehire consultation on changes to expenses, benefits and shift patterns. For more details see our previous article on Fire and rehire protections delayed to March 2027.

Background

There is already extensive protection for pregnant women, new mothers and parents taking family-related leave. The current legal framework includes protection under the Equality Act 2010 from pregnancy and maternity discrimination. In addition, the Employment Rights Act 1996 provides that dismissal for a reason connected to pregnancy or childbirth is automatically unfair and no qualifying period of service is needed. There is also enhanced redundancy protection which means that where a suitable alternative vacancy is available, it must be offered to an employee who is pregnant or is on maternity or adoption leave and other types of family leave.

Consultation response

The findings from the consultation exercise revealed that there was “vulnerability” during each stage of pregnancy, maternity leave and the return-to-work-period. The Government is keen to strengthen current legal rights relating to dismissal during the protected period and to ensure that comparable protections are available to employees taking other relevant forms of leave.

In an extensive consultation response, there is a useful summary of the main policy decisions set out in the Executive summary, see below.

Legal test during the protected period

Under the Employment Rights Act 1996, there are five potentially fair reasons for dismissal: conduct, capability, redundancy, statutory prohibition and some other substantial reason. Having established a potentially fair reason for dismissal, an Employment Tribunal must then determine whether or not the dismissal was fair, taking into account whether the decision to dismiss was within the range of reasonable responses.

The Government recognises that retaining the existing five potentially fair reasons for dismissal is important to ensure employers can continue to manage their workforce effectively. At the same time, it will strength the framework for assessing fairness during the protected period. The Government will replace the current “band of reasonable responses” test for unfair dismissal with the proportionality test that is a defence to a number of discrimination claims under the Equality Act 2010. Accordingly, employers will be required to justify dismissal as a proportionate means of achieving a legitimate aim and will need to identify what the business objective is in deciding to dismiss the employee. They will also need to show that dismissal is a proportionate way of achieving that aim and that less severe alternatives, such as temporary changes to a role were not reasonably available.

Dismissal remains possible where justified however. The consultation response gives examples such as where continued employment would pose a health and safety risk to customers, staff or the public, or would have a significantly detrimental effect on the business; or would have a serious negative impact on the wellbeing of others.

Rather than specifying how the test should operate in Regulations, the Government will prepare guidance setting out how to comply with the test and the need to consider alternatives to dismissal where appropriate.

Start of protection - entitlement and trigger point

The enhanced dismissal protections will be a day-one right, with no qualifying period and this aligns with existing automatic unfair dismissal rights and pregnancy or maternity discrimination. The protections will begin once an employee has informed their employer that they are pregnant, whether in writing or verbally.

End of protection

The enhanced dismissal protections will apply throughout maternity leave and 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 the pregnancy. The enhanced dismissal protections will extend to adoption leave and will apply throughout adoption leave and for six months following the end of leave.

Other parents

The Government will extend enhanced dismissal protections to parents taking shared parental leave, neonatal care leave and bereaved partner’s paternity leave. Protections will apply from the first day of leave and during the period of leave and for six months following the end of leave where six or more continuous weeks of leave is taken.

Awareness and implementation

The Government will develop and promote practical guidance for both employers and employees and this will be supported by clear and accessible information from Acas. It has stated that sufficient time will be provided ahead of implementation to allow employers time to prepare. The changes will be implemented through Regulations which are expected to come into force in October 2027.

Useful links