‘Make Work Pay’ Reforms: New Protections for Pregnant Employees

The UK employment landscape is evolving, and one of the most closely scrutinised areas of reform concerns the protections for pregnant employees. The Employment Rights Act 2025, indicate a strong direction towards strengthening workplace protections relating to pregnancy and maternity. Although many of these changes are still in the transition period or pending implementation, the trajectory is clear. Employers will be expected to exercise greater care and follow more robust processes when managing employees during protected periods. For employees, this may signal increased security during what has historically been a vulnerable time. For employers, it necessitates a reassessment of practices that may previously have been treated as routine. Why Pregnancy Protection Is Being Strengthened Pregnancy and maternity discrimination has remained a persistent issue across all places of employment in the UK. Common concerns include employees being overlooked for promotion, managed out of roles, or subjected to pressure after disclosing a pregnancy. Legal protections already exist under the Equality Act 2010, which prohibits discrimination and unfavourable treatment related to pregnancy and maternity. However, the proposed reforms aim to address the gap between legal protections in principle and their practical application. What the ‘Make Work Pay’ Reforms Are Introducing One of the most significant proposed developments is the extension and strengthening of protection against dismissal during pregnancy and for a period following return from maternity leave. While the full scope of implementation is still being finalised, the direction of travel is clear: employers will face tighter restrictions and greater scrutiny when making dismissal decisions affecting pregnant employees or those on, or recently returned from, maternity leave. Key anticipated changes include: Strengthened protection from dismissal where pregnancy or maternity is a factor Extension of existing redundancy protections (such as priority for suitable alternative roles) beyond maternity leave Increased scrutiny of redundancy processes involving pregnant employees A requirement for clearer, well-documented and objectively justified decision-making This represents a shift away from reactive protection towards a more proactive and preventative framework. What This Means in Practice for Employers For most employers, the impact will be felt in day-to-day decision-making rather than through wholesale structural change. Processes that were previously straightforward may now require additional steps and closer scrutiny. A few critical areas that employers will need to consider are the following: Earlier and more rigorous assessment of redundancy situations Comprehensive documentation of decisions affecting pregnant employees Greater emphasis on exploring alternatives to dismissal Enhanced training for managers on handling pregnancy and maternity-related issues Avoidance of assumptions about availability, performance or commitment These steps are not only important for compliance but will also help mitigate the risk of disputes and potential claims. The Link Between Pregnancy Protection and Redundancy Redundancy remains a key area of legal risk. Under current employment law legislation, employees on maternity leave already benefit from enhanced protection, including the right to be offered a suitable alternative vacancy in priority to other employees. The proposed reforms are expected to extend these protections to cover pregnancy and a period following return to work. As a result, employers will need to approach redundancy exercises involving pregnant employees with particular care. They should be prepared to demonstrate: The redundancy situation is genuine That the criteria for selection is fair, objective and consistently applied Suitable alternative roles have been considered and if identified, offered Failure to meet such standards may give rise to claims of (automatic) unfair dismissal and/or discrimination. How This Affects Employees For employees, these reforms provide greater clarity and reassurance. Pregnancy should not create uncertainty about job security or workplace treatment. Employees who believe they have been treated unfairly in connection with pregnancy or maternity may raise concerns through internal grievance procedures or seek legal advice at an early stage. Understanding one’s rights can often help resolve issues before they escalate. If you are dealing with workplace issues in relation to maternitypregnancy or considering your options, these may also be relevant; consider reading Mental Health Discrimination at Work: Signs Employers Often Miss Preparing for What Comes Next The ‘Make Work Pay’ reforms form part of a broader trend towards enhanced employee protections. Pregnancy and maternity rights are a key focus within this wider legislative shift. Employers should take proactive steps now to prepare, including: Reviewing and updating internal policies Providing targeted training for managers Ensuring consistency and transparency in decision-making processes These measures will help ensure a smoother transition once the reforms come into force. At a fundamental level, the changes reinforce an established principle – employees should not suffer detriment, dismissal, or discrimination because of pregnancy. Final Note The ‘Make Work Pay’ reforms reflect a clear shift towards stronger and more practical protections for pregnant employees in the UK. Although many details are still being finalised, the anticipated direction is clear. Employers will need to adopt a more structured and carefully evidenced approach to decision-making, particularly in relation to dismissal and redundancy. For employees, the reforms are intended to provide greater confidence that their rights will be upheld during pregnancy and maternity. As these changes continue to develop, staying informed and seeking advice where necessary will be key to navigating the evolving legal landscape. At Kalra Legal Group we monitor these developments as they arise and advise on the operational application of these changes in practice. Having clarity on your position as early as possible can be beneficial if you are not sure how the impending change impacts your situation.