🤰 Stronger dismissal protection for pregnant women and new parents confirmed
What is it?
The government has published its response to the consultation on enhanced dismissal protections for pregnant women and new mothers, which closed in January 2026. The changes are expected to come into force in October 2027.
The key decisions:
A new proportionality test. Where someone is pregnant, on family leave or recently back, tribunals will no longer ask whether dismissal was within the “band of reasonable responses”. Instead, you’ll need to show it was a proportionate way of achieving a legitimate aim.
You’ll need to show you considered all reasonable alternatives to dismissal first.
It’s a day one right, with no qualifying period.
Protection starts when the employee tells you they’re pregnant and lasts throughout maternity leave and for six months after. With no maternity leave entitlement, it lasts two weeks after the pregnancy ends.
Adoption leave is covered during the leave and for six months after.
Shared parental leave, neonatal care leave and bereaved partner’s paternity leave are covered on the same basis, where six or more continuous weeks are taken.
All other unfair dismissal cases keep the existing test.
What does it mean for you?
The usual fair reasons for dismissal, such as conduct, capability and redundancy, don’t go away. But the bar for relying on them in a protected period will be much higher, and it applies from the first day of employment.
Before dismissing someone in a protected period, you’ll need to be clear on the business reason, show why dismissal was needed to achieve it, and keep a record of the alternatives you looked at and why they didn’t work.
Worth starting now:
Know who’s in a protected period, including the six months after they return
Ask managers to speak to HR before any formal action involving someone who’s pregnant or recently back from leave
Build “what alternatives did we consider?” into your conduct, capability and redundancy processes
How Lansbury HR can help
We can review your disciplinary, capability and redundancy policies, train your managers and support you through difficult decisions involving employees who are pregnant or on family leave. Get in touch for a friendly chat.
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