Pregnant or New Parent? Your Job Just Got Legal Protection

Employers are being asked to prepare for stronger dismissal protections for pregnant employees and new parents. Announced by the Government on 22 October 2026, the changes are intended to take effect in October 2027 under regulations made using powers in the Employment Rights Act 2025.

The announcement is important, but the new rules are not in force yet. They will change how tribunals assess whether a dismissal was fair during certain pregnancy and family-leave protection periods. In these cases, employers will be expected to show that dismissal was a proportionate way to achieve a legitimate business aim and that reasonable alternatives were considered.

For employers, now is the time to review policies, redundancy processes and record-keeping. For employees who may have been dismissed, existing legal protections may already apply. This guide explains what is changing and what to do next.

What did the Government announce?

The Government’s 22 October announcement followed a consultation on dismissal protection. Its response confirms plans for a stricter legal test in cases involving pregnancy and specified family-related leave.

Under the current ordinary unfair dismissal framework, a tribunal considers whether the employer had a potentially fair reason for dismissal and whether it acted reasonably in treating that reason as sufficient. The tribunal generally applies the “band of reasonable responses” test.

Under the planned approach, an employer will instead need to show that dismissal is a proportionate means of achieving a legitimate aim. That will ordinarily require considering whether less severe alternatives could reasonably meet the employer’s aim, for example, temporary changes to duties or suitable alternative work.

The Government intends to retain the existing potentially fair reasons for dismissal, such as conduct, capability and redundancy. The change is therefore not an absolute ban on dismissing someone during a protected period. It does, however, raise the bar for justifying a dismissal.

Who will be covered, and for how long?

The enhanced protection is intended to be a day-one right, with no minimum length of service. For pregnancy, the protection will start once the employee tells their employer they are pregnant. It will continue during pregnancy and maternity leave, and for six months after maternity leave ends.

Where an employee is not entitled to maternity leave, the planned protection will continue for two weeks after the pregnancy ends.

The Government also plans to extend protection to employees taking:

• Adoption leave;
• Shared parental leave;
• Neonatal Care Leave; and
• Bereaved Partner’s Paternity Leave.

For adoption leave, the enhanced protection is planned to last throughout leave and for six months afterwards. For shared parental leave, Neonatal Care Leave and Bereaved Partner’s Paternity Leave, the post-leave period will generally apply where at least six continuous weeks of leave has been taken.

The six-month period is not a replacement for existing redundancy protections. Separate rules already give eligible employees priority for suitable alternative vacancies in some redundancy situations. Employers should check which protections apply to the employee and the specific circumstances.

The details are set out in the Government’s consultation response. The planned rules will need to be implemented through regulations, so employers should check the final legislation and guidance before making decisions.

How does this differ from the usual unfair dismissal qualifying period?

As things stand, employees generally need two years’ continuous service to bring an ordinary unfair dismissal claim. The Employment Rights Act 2025 is set to reduce that qualifying period to six months from 1 January 2027.

The planned pregnancy and family-leave protection is different: it is intended to apply from the first day of employment, without waiting for either qualifying period. The pregnancy-related protection will be triggered once the employee informs the employer.

This enhanced test will apply only to the specified protected circumstances. It does not mean that every dismissal will automatically be unlawful, or that the same test will apply to all employees.

There may also be more than one legal issue in an individual case. Existing protections against pregnancy or maternity discrimination and automatic unfair dismissal may apply now, depending on the facts. Whether someone is legally an employee can also affect which dismissal rights are available. Our articles on the six-month Employment Tribunal time-limit change and the worker-status consultation explain those separate issues.

What should employers do now?

The reforms are expected in 2027, not immediately. But employers can start preparing without waiting for the regulations.

Review policies and manager training. Make sure HR staff and managers understand how pregnancy, maternity and other family leave can affect dismissal decisions. Include a clear route for employees to notify the organisation and for that information to be handled sensitively.

Check health and safety procedures. Where an employee is pregnant, has recently given birth or is breastfeeding, review any relevant workplace risk assessment and consider appropriate steps. Keep a record of the risks identified, the employee’s circumstances and any action taken.

Strengthen redundancy processes. Check whether an employee has priority rights to a suitable alternative vacancy under the existing rules. Keep evidence of the selection criteria, consultation, available vacancies and any offers made. Do not assume that a redundancy label alone makes a dismissal fair.

Document the decision and alternatives. If dismissal is being considered during a protected period, record the legitimate business aim, the evidence supporting it, alternatives considered and why those alternatives would or would not work. Depending on the situation, alternatives could include adjusted duties, temporary arrangements, training or redeployment.

Keep reliable records. Retain relevant communications, performance information, risk assessments, consultation notes and the reasons for decisions. Clear, contemporaneous records can help show what was considered and why.

How does Neonatal Care Leave fit in?

Neonatal Care Leave is already available to eligible employees; the October announcement concerns enhanced dismissal protection connected with taking it. A baby generally needs to enter neonatal care within 28 days of birth and spend at least seven consecutive days there. Eligible employees can take up to 12 weeks of leave, and it must be used within 68 weeks of the birth.

The leave is a day-one entitlement. The planned enhanced dismissal protection would add a further safeguard during the leave and, where at least six continuous weeks are taken, for six months after it ends. Employers can read the official Neonatal Care Leave guidance for current eligibility and notice requirements.

What can an employee do if they are dismissed?

If you are pregnant, on family leave or have recently returned to work and have been dismissed, do not assume you have no options because you have worked for the employer for less than two years. Some pregnancy- and maternity-related protections are already day-one rights. The legal position depends on why the employer dismissed you, your employment status, the timing and the evidence.

Keep your dismissal letter, contract, relevant messages, meeting notes, redundancy documents and any records of pregnancy or leave notifications. Write down what happened while the details are fresh. Ask for the employer’s reasons in writing if they have not been provided.

Time limits for Employment Tribunal claims are strict. The applicable deadline depends on the claim and when the relevant events took place; the Government has announced changes to some time limits from October 2026. Do not wait for the 2027 protections to take effect before seeking advice about a current dismissal. Acas Early Conciliation may also be relevant before a Tribunal claim.

A solicitor can help identify possible claims, check the relevant deadline and advise on the evidence and next steps. Tyndel Solicitors advises on workplace disputes and dismissal issues through its Employment Law service. If you are looking for unfair dismissal solicitors UK, advice should be based on the facts of your case and the law in force at the time.

Request a Free Consultation

If you are an employer preparing for the new rules, or an employee concerned about a dismissal, contact Tyndel Solicitors to discuss your circumstances.

Telephone: 0208 154 3131
Email: [email protected]
Office: 58 Peregrine Road, Ilford, IG6 3SZ
Opening hours: Monday–Friday, 10:00–18:00

Contact Tyndel Solicitors to request a free consultation.

This article provides general information only and is not legal advice. The enhanced dismissal protections described are planned for 2027 and are not yet in force. Seek advice promptly if you are dealing with a potential claim or deadline.