Employment Rights Bill: dismissal protections for pregnant women and new mothers 

On 23 October 2025, the Government issued several new consultations on measures being introduced under the Employment Rights Bill, which is expected to be granted Royal Assent shortly. 

Clause 26 of the Bill includes powers to introduce, by separate regulations, strengthened protection against dismissal for employees who are pregnant or who have been pregnant. A new consultation seeks views on how the new protections will work in practice, which will be used to inform policy and the implementing regulations.  

The consultation refers to evidence demonstrating the prevalence of discrimination and unfair treatment against expectant and new mothers in the workplace. The Government’s intention is to ensure that dismissal protections are meaningfully strengthened for pregnant women and new mothers, recognising the unique risks to job security that this group faces. 

Current protections against unfavourable treatment (including dismissal) under the Equality Act 2010 apply during or after a ‘protected period’, which covers an employee’s pregnancy until their return from maternity leave. Enhanced protection against redundancy dismissal under the Employment Rights Act 1996 (ERA) applies throughout pregnancy and for 18 months after birth, giving pregnant women and new mothers the right to be offered any alternative employment in a redundancy situation, in preference to other redundant employees. 

The new protections will considerably expand the protections against dismissal, effectively providing that a pregnant woman or new mother cannot be fairly dismissed under standard dismissal procedures, unless one of the exceptions applies. The legal mechanisms for how this will work in practice have not yet been decided, but it will represent a significant shift in how employers approach termination of these employees.   

Key issues under consultation 

• Circumstances when dismissals will be allowed. There are currently five potentially fair reasons for dismissal under the ERA (conduct, capability, redundancy, statutory prohibition and SOSR – ‘some other substantial reason’). The Government is considering two options for pregnant women and new mothers: option one is to retain these five reasons but to apply a stricter test of fairness when dismissing a pregnant woman or new mother; option two is to narrow the scope or remove some of these reasons entirely for pregnant women and new mothers. The consultation includes examples and scenarios to explore how these options might work in practice. 

• When the protection starts. The consultation seeks views on whether the enhanced dismissal protection should apply when the employment relationship begins, from the first day of work or after an initial period of employment of between three and nine months (which may be intended to align with proposals for an ‘initial period of employment’ under the Bill, once day one unfair dismissal rights are introduced).  

• The protected period. The most straightforward approach will be for the protected period to start when an employee informs her employer that she is pregnant, but the consultation seeks views on whether protection should start earlier. The period of protection will either align with the current redundancy protections – ending 18 months after the birth – or end six months from the employee’s return to work. For those not entitled to take maternity leave, enhanced protection is likely to apply for two weeks after the end of the pregnancy. 

• Other parents. The consultation explores whether enhanced protections should also apply to other parents taking extended periods of leave: adoptive parents, parents taking Shared Parental Leave or Neonatal Care Leave, or bereaved partners taking extended Paternity Leave (not yet in force).   

• Awareness of rights and support for business. Despite existing resources from Acas and EHRC, many women remain unaware of their rights. The consultation seeks views on how to improve awareness among pregnant women and new mothers (especially from minority groups) and employers. It also welcomes views on what could be done to mitigate the administrative burdens of this policy on business, including guidance and advice on navigating the changes.  

• Mitigating unintended consequences. The Government is concerned about the possibility that enhanced legal protections may lead to employers being more hesitant to hire women, particularly those of childbearing age. The consultation asks for views on unintended consequences of the enhanced protections and actions that could be taken to mitigate these consequences, including guidance, training and support for employers. 

The Government is also seeking suggestions for any additional changes that could be introduced to tackle pregnancy and maternity discrimination, and to ensure that women who experience it are able to access just outcomes. 

The consultation closes on 15 January 2026. Once the Government has considered the responses, draft regulations will be published setting out their preferred approach. The new protections are not expected to come into effect until some point in 2027.