Pregnant women to gain stronger protections against unfair dismissal

Pregnant workers and new parents will have stronger safeguards to protect them from unfair dismissal, in a new crackdown on unfair workplace practices, the government has announced.

Employers will have to prove they have considered “all reasonable alternatives” before dismissing pregnant women and new mothers under rules expected to be introduced in October 2027.

When hearing cases of unfair dismissal involving pregnant women and new parents, employment tribunals will use a new, “stricter” approach alongside existing measures. In effect, this will require employers to have considered all reasonable alternatives to dismissal before pursuing it.

The move, announced by the government on 22 October, comes as pregnancy and maternity discrimination remain “widespread”, the government has said.

The reforms will also extend to employees taking adoption leave, shared parental leave, neonatal care leave and bereaved partner’s paternity leave.

In a post on Facebook, Prime Minister Andy Burnham wrote: “No one should have to choose between starting a family and staying in work. But too many women are still discriminated against in the workplace, just for being pregnant. It’s not right. That’s why we’re giving pregnant women and new parents stronger protections against unfair dismissal.” 

He added: “Most employers do the right thing. But every family deserves the confidence and security of knowing the law is on their side. If you’re doing the incredible job of raising a child, you deserve the peace of mind of knowing your job is protected too. That’s the fairer Britain I want to build.”

Minister for the Future of Work, Kate Dearden, said the reforms will ease pressure on working families, making them feel “more secure” in their jobs.

Dearden added: “Pregnancy and maternity discrimination can have a devastating impact on people’s lives, forcing them out of work at the very moment they need security most. These new protections will raise the bar for employers, making it harder to dismiss pregnant workers and new parents unfairly and helping families feel more secure at work.”

Welcoming the new protections, Rachel Grocott, chief executive officer at Pregnant Then Screwed, a UK charity that campaigns to end discrimination against mothers and pregnant women, said: “Our latest State of the Nation survey shows that a huge 73% of women experience pregnancy or maternity discrimination – a figure that is simply unacceptable. Every week we hear from women whose careers, finances and confidence have been knocked by unfair treatment during pregnancy, maternity leave or their return to work, and we’ve been taking this evidence to government for over a decade. 

“So, we’re pleased to welcome these new protections: they’re an important step forward in creating a society where simply starting a family doesn’t wreck your career.”

Kate Shoesmith, director of policy and insights at the British Chambers of Commerce, said: “These stronger protections are welcome and represent a sensible and balanced way forward. They give families greater security while recognising that businesses sometimes have to make difficult decisions for legitimate reasons. We look forward to working constructively with government to develop practical guidance, so everyone knows exactly where they stand.”

The new protections have been introduced as part of the Employment Rights Act, which the government says “will benefit over 18 million people by bringing employment rights into the 21st century, helping to create a fairer labour market for both workers and employers”.