Employers will face stricter requirements when dismissing pregnant women and new parents from October 2027, under new government reforms designed to strengthen workplace protections for employees with family responsibilities.
The changes, announced by the Department for Business, Innovation, Science and Trade, will introduce a new proportionality test for employment tribunals considering unfair dismissal cases involving pregnant women and new parents.
Under the proposed approach, employers will be expected to demonstrate that they have considered all reasonable alternatives before proceeding with dismissal.
The reforms will also extend protections to employees taking adoption leave, shared parental leave, neonatal care leave and bereaved partner’s paternity leave.
Currently, unfair dismissal cases are generally assessed using the band of reasonable responses test, which considers whether an employer’s decision falls within the range of actions a reasonable employer might take.
From October 2027, the new proportionality test will apply to the specified groups of employees, while the existing approach will remain in place for other unfair dismissal cases.
Minister for the Future of Work Kate Dearden said the changes would provide greater employment security for families.
“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,” she said.
The announcement follows continuing concerns about pregnancy and maternity discrimination. Campaign organisation Pregnant Then Screwed reported that its latest State of the Nation survey found 73% of women had experienced discrimination related to pregnancy or maternity.
Rachel Grocott, the organisation’s Chief Executive, welcomed the reforms but emphasised the need for further action to address the wider impact of motherhood on women’s careers.
The British Chambers of Commerce also welcomed the proposals, while highlighting the importance of practical guidance to help employers understand their responsibilities.
The reforms will require careful consideration of existing dismissal and redundancy procedures, particularly where decisions involve employees who are pregnant, returning from maternity leave or taking other protected family-related leave.
Organisations should also consider whether managers have sufficient training to assess alternatives to dismissal and document their decisions appropriately.
The changes form part of the Government’s wider Employment Rights Act reforms, with further regulations and guidance expected to clarify how the strengthened protections will operate in practice.
