Further changes announced for pregnancy and maternity protection.

The changes build on the enhanced redundancy protections introduced in April 2024, which extended priority rights to suitable alternative employment for pregnant employees and eligible new parents, potentially lasting until 18 months after the child’s birth.

However, while those protections focus primarily on redundancy situations, the latest proposals go considerably further.

What is changing?

Under the Employment Rights Act 2025, the Government intends to introduce enhanced protection against dismissal, for any reason, from the point an employee informs their employer of their pregnancy, throughout maternity leave and for six months after it ends. Similar protections will extend to certain other forms of family-related leave.

Crucially, the changes will also introduce a different legal test for determining whether a dismissal is fair.

Currently, Employment Tribunals apply the familiar range of reasonable responses test. Essentially, the question is whether dismissal was a decision that a reasonable employer could have reached in the circumstances, rather than whether the tribunal would have made the same decision.

Under the proposals, that test will be replaced during the protected period with a requirement for employers to demonstrate that dismissal was a proportionate means of achieving a legitimate aim. This is a significant distinction.

Rather than simply establishing that dismissal was a reasonable response, employers will need to objectively justify the decision, including demonstrating that less severe alternatives were not reasonably available.

What does this mean for employers?

Importantly, the changes will not prevent employers from dismissing pregnant employees or new mothers for legitimate reasons, including conduct, capability or redundancy. However, the justification for doing so will face greater scrutiny.

Of course, in many cases employers should already be considering reasonable alternatives to dismissal. However, the proposed changes will place considerably greater emphasis on demonstrating that those alternatives were genuinely explored.

There is an understandable desire to strengthen protections against pregnancy and maternity discrimination. Nevertheless, the changes may also present challenges for employers dealing with entirely legitimate workplace concerns unrelated to pregnancy or maternity.

With further regulations and guidance expected ahead of October 2027, the precise practical impact remains to be seen. What is clear, however, is that having a fair reason for dismissal and following a reasonable process may no longer be sufficient. Employers will also need to demonstrate why dismissal was proportionate in the circumstances.

Acuity Law’s Employment team is tracking every stage of this rollout. If you’d like to work out what it means for your business, get in touch.

This article is for general guidance only and does not constitute legal advice. Correct as at 23 October  2026.