Make Work Pay: Enhanced dismissal protections for pregnant women and new mothers

The Government issued a consultation document, Make Work Pay: enhanced dismissal protections for pregnant women and new mothers on 23 October 2025. The Employment Rights Act 2025 which allow the introduction, through regulations, of restrictions on the ability of employers to dismiss pregnant women or new mothers except in specified circumstances. The consultation considered a number of aspects of this new provision, which is expected to be implemented in 2027. We provide a summary of the key aspects below. The LGA response is available

Protection from redundancy (the right to be offered a suitable alternative vacancy) was extended in relation to pregnancy and maternity leave in April 2024, by increasing the period for which those protections apply (see Advisory Bulletin 719). This new provision will give protection from dismissal in general, not just for redundancy, with the policy aim that pregnant women and new mothers cannot be fairly dismissed, except where the law sets out an exception.

The reason provided for this policy initiative is the evidence of the continued prevalence of unfair treatment and discrimination. The consultation document cites a research report commissioned by the Department of Business, Innovation and Skills and the Equalities and Human Rights Commission in 2016 which found that around one in nine mothers (11 per cent) reported that they were either dismissed; made compulsorily redundant, where others in their workplace were not; or treated so poorly they felt they had to leave their job. Scaled up to the general population this could mean that as many as 54,000 mothers a year are affected, including approximately 4,100 dismissals. 

In its Plan to Make Work Pay, the Government committed to strengthening protections by making it unlawful to dismiss pregnant woman and new mothers for at least six months after they have returned to work, except in specific circumstances. The aim is to strengthen the protection for this group while at the same time preserving the ability to dismiss in cases where continuing employment would have serious consequences for the employer. The Government is mindful of the potential for this policy to have unintended consequences, such as reducing the willingness of employers to hire women of child-bearing age, and therefore achieving the right balance is very important.

In what circumstances should dismissals be allowed?

One of the key issues the consultation considered was the circumstances in which dismissal would be allowed. Two options were set out in relation to the current test for unfair dismissal.

Option 1: Introduce a new general test for fairness

Under this option, employers would still be able to rely on any of the existing fair reasons for dismissal, but they would also be required to meet a new stricter standard when relying on that reason to dismiss a pregnant woman or new mother. 

For example, employers would still be required to show a fair reason, but would also need to show that letting that employee go is, for instance, necessary to avoid serious harm to the business or other staff.

Option 2: Narrow the scope of and/or remove some of the fair dismissal reasons

This approach would involve limiting the five potentially fair reasons for dismissal under section 98 of the Employment Rights Act 1996 when applied to pregnant women and new mothers, with the possibility of removing some altogether. 

For example, some stakeholders have suggested narrowing the ‘conduct’ ground to apply only in cases of gross misconduct, meaning dismissal would only be permitted for serious breaches such as theft or violence but not for more minor issues like repeated lateness or poor attitude.

Other suggestions include removing ‘capability’ as a fair reason, so dismissal for poor performance would no longer be permitted, and removing ‘some other substantial reason’ (SOSR), which would prevent dismissals based on any other grounds (including situations such as conflicts of interest or breakdowns in working relationships) which do not fall within the remaining list of reasons.

Existing protections against dismissal for pregnant women and new mothers (i.e. enhanced redundancy protection, automatic unfair dismissal and protection from discrimination) are all available from day one of employment. The qualifying period for claiming ‘ordinary’ unfair dismissal will be reduced to six months via the Employment Rights Act 2025.

Providing enhanced dismissal protection to pregnant women and new mothers from day one may mean that employers may be required to retain and pay employees throughout pregnancy, maternity leave, and for at least six months thereafter - even in cases where dismissal might otherwise have occurred. The consultation suggests that the alternative is to have a qualifying period of 3-9 months which could help mitigate unintended consequences, including potential reluctance among employers to recruit women of childbearing age. However, this would mean that a woman who disclosed her pregnancy early in her employment would not be protected, despite facing similar vulnerabilities to longer-serving staff and would only have recourse to automatic unfair dismissal or discrimination claims if she could show that her dismissal was directly linked to her pregnancy. Having a qualifying period for this right would also be inconsistent with other protections for this group.

Existing enhanced redundancy protections start when the employee tells her employer she is pregnant. However, some women experience difficult symptoms as a result of their pregnancy before they know they are pregnant and this could affect their attendance and behaviours at work prior to them informing their employer that they are pregnant. 

However, if the enhanced dismissal protections policy was to start at an earlier point (for example, from when the woman becomes pregnant, even if she is not yet aware of her pregnancy, or from when she becomes pregnant but has not yet told her employer), this could raise practical challenges for employers. They could be liable for claims of unfair dismissal under the policy without knowing it, and this could have unintended consequences – for example, employers asking employees intrusive questions about whether they are or might be pregnant.

The enhanced protection against redundancy lasts for 18 months from the birth of a child or placement of an adopted child where there is entitlement to statutory leave. New mothers therefore receive the same amount of protection regardless of when they return to work. The same approach could be taken in relation to protection from dismissal rather than adopting the approach of having a set six-month protected period following the return to work, regardless of the child’s age.

The consultation also considers whether this new protection from dismissal should be extended to parents who take other forms of statutory family leave. This group of employees currently has the same protection from redundancy dismissals as pregnant women and new mothers.