Stronger protections for pregnant women and new parents against unfair dismissal

• Pregnant women and new parents will now have stronger safeguards to protect them from unfair dismissal, requiring employers to go further than ever before.

• New protections will also extend to employees on adoption, shared parental, neonatal care and bereaved partner’s paternity leave.

• Reforms ease pressure on working families giving job security they can depend on.

Pregnant women and new parents will now have stronger protections against being fired, in a new crackdown on unfair workplace practices announced by the government today [Thursday 22 October].

Pregnancy and maternity discrimination remain widespread in the workplace, having a devastating impact on what is meant to be an exciting time for new families.

These new safeguards will change that. From 2027, tribunals will use a new, stricter, approach for dismissal cases involving pregnant women and new parents. By doing this, it will require employers to have considered all reasonable alternatives to dismissal before pursuing it.

Protections will also be extended to employees taking adoption leave, shared parental leave, neonatal care leave and bereaved partner’s paternity leave.

By raising the bar for all companies, these reforms will ease pressure on working families, making them feel more secure in their jobs.

Minister for the Future of Work, Kate Dearden, said:

No one should have to choose between starting a family and staying in work.

Pregnancy and maternity discrimination can have a devastating impact on people’s lives, forcing them out of work at the very moment they need security most.

These new protections will raise the bar for employers, making it harder to dismiss pregnant women and new parents unfairly and helping families feel more secure at work.

Rachel Grocott, Chief Executive Officer, Pregnant Then Screwed:

Our latest State of the Nation survey shows that a huge 73% of women experience pregnancy or maternity discrimination – a figure that is simply unacceptable.

Every week we hear from women whose careers, finances and confidence have been knocked by unfair treatment during pregnancy, maternity leave or their return to work, and we’ve been taking this evidence to government for over a decade.

So, we’re pleased to welcome these new protections: they’re an important step forward in creating a society where simply starting a family doesn’t wreck your career.

There is, of course, still lots more work to do to tackle the wider motherhood penalty – and we look forward to continuing to work with the government to make sure women, mothers and parents’ voices remain at the centre of decisions that affect their lives in such fundamental ways.

Ali Fiddy, Director of Maternity Action said:

We welcome the move to enhance the protection from dismissal of pregnant women and new mothers.

We speak to thousands of women each year who are worried about losing their jobs simply because they are pregnant or have had a baby.

Once introduced, we hope that the measures announced today will reduce the poor and unfair treatment experienced by expectant and new mothers and result in more women remaining in their jobs after having a baby.

Kate Shoesmith, Director of Policy and Insights at the British Chambers of Commerce said:

Businesses across the country want to support women through pregnancy and their return to work. Employers also want to ensure new parents feel secure in their jobs.

These stronger protections are welcome and represent a sensible and balanced way forward. They give families greater security while recognising that businesses sometimes have to make difficult decisions for legitimate reasons.

We look forward to working constructively with government to develop practical guidance, so everyone knows exactly where they stand.

This comes as part of the Employment Rights Act which will benefit over 18 million people by bringing employment rights into the 21st century, helping to create a fairer labour market for both workers and employers.

Notes 

• The government has today published the consultation response for pregnancy protections on GOV.UK : Make Work Pay: enhanced dismissal protections for pregnant women and new mothers – GOV.UK

• The response includes plans to replace the band of reasonable responses test with a proportionality test, coming into effect from October 2027

• This will only be for pregnant mothers, new parents, and other types of family related leave listed above.

• For all other cases of unfair dismissal – the band of reasonable responses test – which asks how a reasonable employer would act – will remain in place.

• The response explains the intention to introduce regulations which will confirm the restricted variations on sums payable, and shift pattern changes.

• This will only be for pregnant mothers, new parents, and other types of family related leave listed above.

• For all other cases of unfair dismissal – the band of reasonable responses test – which asks how a reasonable employer would act – will remain in place.

• Pregnant Then Screwed are happy to be contacted for media opportunities on rebecca@pregnantthenscrewed.com

source: GOV