On Enhanced Dismissal Protection for Pregnant Women and New Mothers
Note that this applies to the Employment Rights Bill in Great Britain and does not include provisions relevant to Northern Ireland.
Currently, there are employment law protections in place for dismissals related to pregnancy and maternity. These were enhanced in 2023/24 to include redundancy protections for a period after the employee returns to work.
Sections 25 to 31 of the Employment Rights Bill concerns dismissal and will introduce provisions including:
- Reducing the qualifying period to be able to claim unfair dismissal (currently two years);
- Protections against dismissal for refusing to agree to a change in terms and conditions; and
- Further dismissal protections for whistleblowers
On 23 October 2025, the UK Government introduced a consultation about another dismissal protection, that of enhancing dismissal protections for pregnant women and new mothers. Essentially, this is the obligation to retain and pay employees throughout pregnancy, maternity leave and for at least six months thereafter. The consultation does not cover similar protection enhancements when taking other types of long family leave, for example leave for adoption and Shared Parental Leave.
The UK Government is proposing secondary legislation (Regulations) will make it unlawful to dismiss pregnant women, those on maternity leave and those returning to work for at least six months after their return, except in certain circumstances. However, this does not take away the fact that there are still five reasons to fairly dismiss an employee:
1. Conduct;
2. Capability
3. Redundancy (though enhanced redundancy protections are already available for pregnant women and new mothers);
4. Prohibition (where continuing the employment would break the law); and.
5. Other, for example an irreparable breakdown in working relationships
So, the consultation focuses on how protections will work in practice, when protections should start and end, the exceptions plus whether other leave types should be included. It has the following sections:
- Are there circumstances where dismissals should be allowed – i.e. should the above five valid reasons for dismissal continue to apply to pregnant women and new mothers despite this not being the policy intention;
- Should the protections be a ‘day one right’ – i.e. will the plans to introduce enhanced protections result in burdens on employers when an employee would have ordinarily be dismissed;
- The scope – i.e. should the protections extend to other parents (adoption leave or Shared Parental Leave);
- The impact on businesses – i.e. the resources that will be needed to make employees aware of the new rights
The consultation closes on 15 January 2026. There are three ways in which to respond to this consultation:
1. Online - https://ditresearch.eu.qualtrics.com/jfe/form/SV_3eLMZj8Yogjm1Bc
2. By E-Mail – to enhanceddismissalprotections@businessandtrade.gov.uk; or
3. By post – to the Department for Business and Trade in London
For Bookkeepers
Be aware that this is a large consultation, however, it is important that the voices of bookkeepers are heard. This consultation is members’ opportunity to shape the reforms and express our views, not least on behalf of the micro and small employers that might be impacted most.
The UK Government’s ‘Implementation Roadmap’ indicates these enhanced employment law rights will be implemented in 2027
