In a significant advancement for working parents, the Employment Rights Act 2025 (which received Royal Assent on 18 December 2025) introduces enhanced dismissal protections for pregnant women and new mothers. These reforms, forming part of the government’s “Make Work Pay” agenda, aim to address ongoing workplace discrimination and support more women in maintaining their careers after childbirth.
Under existing law, it is already automatically unfair to dismiss an employee because of pregnancy, taking maternity leave, pregnancy-related illness, or asserting maternity-related rights. Detrimental treatment on these grounds is also unlawful under the Equality Act 2010. Additionally, pregnant women and new mothers receive priority for any suitable alternative employment in redundancy situations, with this protection extending up to 18 months after the birth.
However, these safeguards have been limited primarily to redundancy — just one of the five potentially fair reasons for dismissal. Employers have retained the ability to dismiss for other reasons, such as conduct, capability, statutory prohibition, or “some other substantial reason,” even during pregnancy or shortly after maternity leave.
The Employment Rights Act 2025 changes this landscape by granting the Secretary of State the power to introduce regulations that make it unlawful to dismiss pregnant women, those on maternity leave, and new mothers — except in narrowly defined circumstances — for at least six months after returning to work.
This represents a major expansion, as the new protections are expected to apply across most or all dismissal reasons, creating a significantly higher threshold for lawful dismissal during the protected period. The measures directly respond to persistent challenges: a 2016 Equality and Human Rights Commission report found that around 11% of recent mothers felt forced to leave their jobs, equating to up to 54,000 women each year. Government estimates suggest the enhanced protections could benefit approximately 4,100 women annually by preventing unfair dismissals.
The protected period will cover the duration of pregnancy, maternity leave, and a post-return phase of at least six months (with consultation exploring options such as linking it to 18 months from birth). Regulations may also extend similar protections to other parents returning from family-related leave, including adoption leave and shared parental leave.
A public consultation, launched on 23 October 2025, is currently shaping the practical details — including the specific circumstances in which dismissal may still be permitted (for example, serious misconduct), the precise start and end of the protected period, whether to include additional categories of parents, and measures to prevent unintended consequences, such as potential reluctance to hire women of childbearing age. The consultation will be open until 15 January 2026, with contributions from parents, trade unions, employers, and business groups.
The enhanced dismissal protections are scheduled to take effect in 2027, allowing time for final regulations to be developed and for employers to prepare.
These changes mark an important step towards greater gender equality in the workplace, helping new mothers build sustainable careers without the fear of unfair job loss. As the UK continues to modernise employment rights, this reform signals a more supportive and family-friendly future.
