Pregnancy and Maternity Dismissals: What UK Employers Need to Know in 2026

Protection for pregnant employees and those on maternity leave has become an increasing focus within UK employment law. Since April 2024, employees have benefited from extended redundancy protections under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, including enhanced rights to be offered suitable alternative vacancies during pregnancy and for a protected period after maternity leave. The Government is now consulting on wider reforms which would go further by restricting dismissals generally, not just redundancies, during pregnancy, maternity leave, and the period following a return to work. The stated aim is to ensure that pregnant women and new mothers cannot be dismissed except in limited circumstances defined by law, while still preserving an employer’s ability to dismiss where continuing employment would create serious operational or legal difficulties. The proposed reforms form part of the Government’s broader “Make Work Pay” agenda and reflect continuing concerns about pregnancy and maternity discrimination in the workplace. Why the Government is considering further reform The consultation follows long-standing concerns regarding the treatment of pregnant employees and new mothers at work. The Government has referred to research commissioned by the former Department for Business, Innovation and Skills and the Equality and Human Rights Commission in 2016, which found that approximately one in nine mothers reported that they had either: Been dismissed; Been made compulsorily redundant where others were not; or Been treated so poorly that they felt forced to leave their employment. Scaled nationally, the findings suggested that as many as 54,000 mothers each year may experience negative treatment linked to pregnancy or maternity, including around 4,100 dismissals. Against that backdrop, the Government has proposed strengthening dismissal protections for pregnant women and new mothers for at least six months after returning to work. Current Legal Position Under existing UK law, employees are already protected against pregnancy and maternity discrimination under the Equality Act 2010. In addition: Dismissals connected to pregnancy or maternity leave may amount to automatic unfair dismissal; Employees on maternity leave benefit from enhanced redundancy protections; and Since April 2024, redundancy protection periods extend from the point an employee informs her employer of her pregnancy until 18 months after childbirth in qualifying cases. The Government is now considering whether similar enhanced protection should apply to dismissal generally, rather than redundancy alone. Key Issues under Consultation In What Circumstances Should Dismissal Be Allowed? One of the central questions under consultation is the extent to which employers should retain the ability to dismiss pregnant employees and new mothers. The consultation considers two possible approaches. Option 1: Introduce a New Stricter Fairness Test Under this approach, employers would still be able to rely on the existing potentially fair reasons for dismissal under the Employment Rights Act 1996, including conduct, capability, redundancy, statutory restriction, and “some other substantial reason” (SOSR). However, employers would also need to satisfy a higher threshold before dismissing a pregnant employee or new mother. For example, it may not be enough simply to demonstrate a fair reason for dismissal. Employers could additionally be required to show that dismissal was necessary to avoid serious harm to the business, colleagues, or operational effectiveness. This would significantly increase the burden on employers when seeking to justify dismissals during protected periods. The upcoming reforms are expected to significantly restrict dismissals during pregnancy and maternity leave, except in very limited circumstances. Option 2: Restrict or Remove Certain Fair Reasons for Dismissal The second option would involve narrowing the range of fair reasons available when dismissing pregnant employees and new mothers. The consultation specifically raises the possibility of: limiting conduct dismissals to cases of gross misconduct only; pregnant employees are vulnerable regardless of length of service; early-stage employees may be particularly exposed to unfair treatment; consistency with existing pregnancy protections is desirable; and requiring a qualifying period may undermine the effectiveness of the reforms. removing capability as a fair reason for dismissal; restricting or removing the use of SOSR dismissals; and limiting dismissals to only the most serious situations. Under this model, dismissals for issues such as poor performance, repeated lateness, or workplace relationship breakdowns may no longer be permitted during the protected period. This would represent a substantial shift in the balance between employee protection and employer flexibility. Providing protection from dismissal from day one could mean employers are required to retain employees throughout pregnancy, maternity leave, and a protected post-return period even where dismissal might otherwise have been contemplated. The Government has acknowledged concerns that overly restrictive rules could inadvertently discourage some employers from recruiting women of childbearing age, which is why striking the correct balance remains an important aspect of the consultation. When Should the Protected Period Begin? Another key issue is determining when the enhanced dismissal protection should start. Current enhanced redundancy protection begins once an employee informs her employer that she is pregnant. However, the consultation recognises that some pregnancy-related symptoms may affect attendance, performance, or behaviour before an employee knows she is pregnant or before she formally informs her employer. Extending protection to an earlier stage could create practical difficulties for employers, particularly where they may be unaware that an employee is pregnant at the time decisions are made. The Government has also acknowledged concerns that earlier protection could lead to intrusive workplace questioning or uncertainty around liability. When Should the Protection End? At present, enhanced redundancy protection can continue for up to 18 months from childbirth or adoption placement in qualifying circumstances. The consultation asks whether dismissal protection should follow a similar model, or whether protection should instead end after a fixed period — for example, six months after returning to work. Maintaining an 18-month model would provide consistency with existing redundancy protections and ensure employees receive the same level of protection regardless of when they return from maternity leave. What Employers Should Be Doing Now Although the proposals remain under consultation, employers should already be reviewing workplace procedures involving pregnancy and maternity issues. In particular, employers should ensure that: redundancy processes are carefully documented; managers receive training on pregnancy and maternity discrimination risks; selection criteria are objective and evidence-based; suitable alternative vacancies are properly considered; consultation procedures are fair and transparent; and assumptions about childcare, future commitment, or flexibility are avoided. Even under the current legal framework, pregnancy and maternity-related dismissals remain a high-risk area for employment tribunal claims. Why Early Advice Matters Pregnancy-related workplace issues often become more difficult once positions harden or formal processes begin. For employers, early advice can help reduce the risk of procedural mistakes before decisions are made. For employees, understanding legal rights early often makes it easier to identify whether treatment may be unfair. At Kalra Legal Group, advice is regularly sought on pregnancy discrimination, maternity leave disputes, redundancy processes, and workplace restructures. In many situations, addressing concerns early leads to clearer outcomes and fewer disputes later. Final Thoughts The Government’s proposed reforms represent another significant step towards strengthening workplace protections for pregnant employees and new mothers. While the final form of the legislation remains uncertain, the overall direction of travel is clear: employers will face increased scrutiny when making decisions affecting employees during pregnancy, maternity leave, and the post-return period. Businesses should therefore begin preparing now by reviewing internal procedures, improving documentation practices, and ensuring managers understand the legal risks associated with pregnancy and maternity-related decision-making.