The government proposes legislation making it unlawful to dismiss pregnant women, women on maternity leave and those returning to work for at least six months post-return, except in specified circumstances. The consultation seeks views on how the protection should work in practice: when it should start and end, what exceptions should apply, and whether to include other parents.
The key issues are:
Circumstances for lawful dismissal: The consultation asks which grounds (conduct, capability, redundancy, statutory prohibition, “some other substantial reason”) should continue to apply to pregnant women and new mothers, and whether a new, stricter test should apply.
Timing: It seeks views on when the enhanced protection should begin (e.g. when employee informs employer, when pregnancy begins) and how long after return to work protection should last (six months post-return, or 18 months from birth).
Scope: The government is considering whether protections should extend to other parents (e.g. those taking adoption leave or shared parental leave) and how to support awareness of the rights.
Business impact: The consultation asks how to support employers through the change and how to mitigate unintended consequences (such as employers being reluctant to recruit women of child-bearing age).
Next steps: Responses are invited by 15 January 2026. After the consultation the government will finalise Regulations under the Employment Rights Bill (or, by then, Act) and issue guidance.
Other new consultations are also underway in relation to leave for bereavement (including pregnancy loss), the right of trade unions to access workplaces and the duty to inform workers of their right to join a union.
On another matter we reported on recently, it now looks very unlikely that the government will be reintroducing fees to bring employment tribunal claims following recent comments by David Lammy, Justice Secretary.
Watch this space for further developments in due course.