For many employers, the shape of modern employment law is already changing. Flexible working, carer’s leave and extended redundancy rights have become part of everyday practice. Yet there is one area still under review that could prove the most significant of all, and that’s the protection of pregnant employees and new mothers.
The Government’s latest consultation into how the roles of new or soon-to-be parents can be better protected is not simply another policy exercise. It is an attempt to close the gap between what the law promises and what happens in practice. The central question is straightforward, and focusses on whether dismissal during pregnancy or early motherhood should ever be permitted, except in the most exceptional cases?
The consultation, which was launched on 23 October 2025, falls under the Government’s plan to ‘Make Work Pay’ – a programme designed to modernise the relationship between work and family life. It follows a series of measures already in motion through the Employment Rights Bill, which was introduced to Parliament a year earlier, and through earlier Acts that expanded redundancy and family-leave protections.
Here we take a closer look at what the proposals, and how they fit into to broader legislative landscape for employers.
From reform to continuity
The direction of travel in employment law has been building for some time. The Employment Rights Bill, introduced to Parliament on 10th October 2024, set the foundations for a new phase of workplace protection. It brought together measures on flexible working, family leave and redundancy, and signalled a renewed focus on fairness and security at work.
Then, in early 2025, the Government launched the plan to Make Work Pay to give shape and momentum to that agenda. The plan drew together the reforms contained in the Bill and placed them within a broader social and economic purpose in a way which could make participation in work genuinely sustainable for those balancing employment with family life. It is through this lens that the current consultation should be seen.
Rather than standing apart from the Bill, the consultation continues its logic. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which came into force in April 2024, marked the first step by extending redundancy protections for pregnant employees and new parents. The new consultation takes that one step further. It asks whether the law should now go beyond redundancy situations and prohibit dismissal itself during pregnancy and early parenthood, except in the rarest of cases.
Why further change is being considered
The Government’s case for reform rests on consistent evidence that, in practice, legal protection does not always translate into job security. A 2016 review by the Department for Business and the Equality and Human Rights Commission found that around one in nine new mothers reported being dismissed, made redundant or treated so poorly that they felt forced to leave work. More than three quarters said they had experienced some form of negative treatment during pregnancy or maternity leave.
Later parliamentary inquiries reached similar conclusions. They observed that while the law prohibits discrimination and provides automatic unfair dismissal protection, enforcement depends on individuals bringing claims after the fact. For those balancing work and early parenthood, that path can be daunting and slow. The consultation seeks to change that by preventing dismissal from happening in the first place, except in the narrowest of cases.
The consultation’s focus
The consultation proposes the creation of a protected period that would begin either when an employee notifies her employer of pregnancy or at the start of maternity leave, and would continue for a defined time after her return to work. During that period, dismissal would be prohibited unless the employer could show one of a small number of legitimate reasons.
Two approaches are outlined. The first retains the existing five potentially fair reasons for dismissal, ie, conduct, capability, redundancy, statutory restriction and some other substantial reason, but applies a higher standard of justification when pregnancy or maternity is involved. Employers would need to show that dismissal was necessary and unavoidable. The second option narrows the grounds further, allowing dismissal only for gross misconduct or business closure.
The consultation also asks whether equivalent protections should extend to adoption leave, shared parental leave and neonatal care leave, to ensure parity across all forms of family leave. Views are also sought on how the Government can avoid unintended consequences, such as employers becoming reluctant to hire women of childbearing age.
Implications for employers
If implemented, the reforms would have both legal and cultural consequences. From a legal standpoint, employers would need to treat dismissal within the protected period as an exceptional measure. Internal processes for capability, conduct and redundancy would all require review to ensure that they reflect the elevated standard of fairness. Managers and HR teams would need training on the additional procedural safeguards and documentation that these cases will demand.
It would also become increasingly important to keep accurate records of pregnancy notifications, leave dates and return-to-work periods. Having a clear audit trail will be critical in demonstrating compliance if decisions are challenged.
From a cultural perspective, the consultation signals a further shift towards embedding family life as part of mainstream employment policy. Employers who have already taken steps to normalise flexible working, phased returns and supportive leave practices will find themselves well aligned. Those who have not may need to move quickly.
Timing and next steps
The consultation closes on 15th January 2026, and once the responses are analysed, the Government is expected to publish its conclusions and outline how it intends to legislate. In the meanwhile, the Employment Rights Bill remain the main vehicle for these reforms, and will continue its parliamentary progress through the 2024–26 session.
While no specific date for commencement has been set, implementation is expected to follow the broader Employment Rights Bill timetable, which runs through to 2027. That gives employers a short but valuable window to prepare, to engage with the consultation process, and to shape how these rules might operate in practice.
Looking ahead
The proposed reforms mark a decisive moment in the development of UK employment law. They move the emphasis from legal redress after dismissal to prevention and job security before dismissal occurs. For employers, this will require a careful balance between business practicality and fairness, supported by sound documentation and open communication.
Yet this moment also presents an opportunity. Businesses that take an early lead in aligning their policies and culture with the aims of these reforms will not only meet their legal obligations but demonstrate genuine commitment to equality and retention. The Government’s plan to Make Work Pay may be framed in policy language, but at its heart it is about people.
Pregnancy, maternity and family leave are part of the rhythm of working life. Employers who recognise that continuity, rather than disruption, defines success in this area will be best placed to adapt when the law changes. The challenge now is not only to prepare for new regulation but to embody its purpose, and create workplaces where family life and employment can exist in true partnership.
