Pregnant workers gain dismissal protection

England, Wales and Scotland. The government has announced rules intended to make it harder to dismiss pregnant employees and parents returning from longer periods of family leave unfairly. The measures are intended to take effect in October 2027. The announcement does not change dismissal law immediately; the current rules continue until the regulations commence.

What will change in October 2027

Employment tribunals currently assess many ordinary unfair dismissal cases by asking whether the employer's decision fell within the range of responses open to a reasonable employer. For protected parents, this will be replaced by a stricter proportionality test.

An employer will have to identify the legitimate business aim behind a dismissal and show that dismissal was a proportionate way to achieve it. The government says this will ordinarily require the employer to show that no reasonable, less severe alternative was available. Possible alternatives include temporary changes to duties, extra support or training, and redeployment to a suitable vacancy.

This is not a complete ban on dismissal. A dismissal for a genuine reason can still be lawful, but the employer will need stronger evidence explaining why dismissal was necessary and why other options were unsuitable.

Who will be protected, and for how long

• Pregnant employees: it will be a day-one employment right, triggered when the employee tells the employer about the pregnancy verbally or in writing.
• After maternity leave: protection will cover the leave and continue for six months after it ends.
• Where there is no maternity leave entitlement: protection will continue for two weeks after the pregnancy ends.
• Adoption leave: protection will apply from the first day of leave and for six months after it ends.
• Shared parental leave, neonatal care leave and bereaved partner's paternity leave: protection will continue for six months after leave where at least six continuous weeks of leave were taken.

What already applies

It is already unlawful to dismiss an employee because of pregnancy, childbirth or maternity leave, and this protection applies from day one of employment. In a redundancy process, a protected employee must be offered a suitable alternative vacancy if one exists; it must not be less favourable in pay, status or other terms.

The 2027 rules will extend enhanced protection beyond redundancy to other stated grounds for dismissal, including capability and conduct. Existing redundancy protection lasting up to 18 months after birth or adoption will remain.

What an employee should do

1. Tell the employer about the pregnancy in writing and keep a copy. Verbal notice will trigger the future protection, but a written record helps prove the date.
2. Keep restructuring notices, performance records, vacancy correspondence and notes of meetings. Ask for the dismissal reason in writing.
3. Raise a formal grievance where appropriate, but do not allow the tribunal deadline to expire while an internal process continues.
4. For most workplace problems occurring on or after 1 October 2026, the tribunal limit is six months minus one day. Acas must normally be notified before a claim is filed; early conciliation pauses the clock if started within the time limit.

What a small employer should prepare

Before October 2027, review dismissal and family-leave policies, decide who records pregnancy notifications, and add a written list of alternatives considered to every proposed dismissal. The proportionality test can take the size and circumstances of a small business into account, but having no HR department will not remove the need to justify the decision.

Scope: the enhanced dismissal provisions cover employees in England, Wales and Scotland. Northern Ireland has separate employment law. The government has not published the precise commencement day within October 2027, so ONLYWAY.NEWS has not added a calendar event yet.