In October 2025, the UK Department for Business and Trade (DBT) launched a consultation titled: “Enhanced Dismissal Protections for Pregnant Women and New Mothers“. This proposal would significantly expand protections against dismissal for pregnant employees and new mothers. The goal is to prevent maternity-related discrimination, ensure fairer redundancy practices, and promote more inclusive workplaces.

If implemented, the changes would require HR teams to review and adapt key policies. In this article, we break down what the consultation proposes, why it matters, and what HR professionals should do to prepare.

Note: These changes are currently under consultation and not yet law. The consultation closes on 15 January 2026, and responses are being sought from HR professionals, employers, and workers across the UK (excluding Northern Ireland).

What is being proposed?

The government is consulting on extending existing redundancy protections for:

• Pregnant employees
• New mothers (defined as those who have given birth in the past 18 months)
• Employees on or returning from maternity, adoption, shared parental, or neonatal care leave

Currently, redundancy protection applies only during maternity leave. If the proposals go ahead, protection would begin as soon as an employee informs their employer of pregnancy and would last up to 18 months after the birth, though alternative timelines are also being considered.

Key points under consultation:

• Should protection apply as a day-one right, or require a qualifying period?
• Should the protection end 18 months after birth, or 6 months after return to work?
• Should protections also apply to employees not eligible for maternity leave, such as those with short service or whose pregnancies end early due to miscarriage or stillbirth (before 24 weeks)?

The consultation also seeks views on expanding protections to:

• Parents taking neonatal care leave
• Adoptive parents
• Partners taking shared parental leave

What kinds of dismissal protections are being explored?

The proposals go beyond redundancy. The consultation presents two options for redefining fair dismissal during the protected period:

Option 1:

Keep the existing five “potentially fair” reasons for dismissal (conduct, capability, redundancy, statutory illegality, and some other substantial reason) but apply a higher threshold when dismissing pregnant employees or new mothers.

Option 2:

Limit or remove certain grounds for dismissal entirely during the protected period. E.g.:

• Remove “capability” as a fair reason
• Restrict “conduct” to only gross misconduct

This would effectively make dismissal much harder and encourage employers to exhaust all other options before considering termination.

The consultation also stresses the need to balance these protections with avoiding unintended consequences such as discouraging employers from hiring women of childbearing age.

What this means for HR teams

These changes, if passed into law, will directly impact how HR manages:

• Redundancy procedures
• Leave policies (maternity, adoption, shared parental, neonatal)
• Employee onboarding and retention
• Dismissal protocols and legal risk assessments

HR checklist:

• Support returning parents with inclusive re-onboarding, flexible options, and documented role reviews.

• Monitor the consultation’s outcome and prepare to update HR policies accordingly.

• Review leave tracking systems to ensure accurate protection periods (e.g., up to 18 months post-birth).

• Audit dismissal practices not just redundancy, to ensure alignment with the stricter rules being considered.

• Train line managers on new rules around fair treatment during pregnancy and post-leave.

Supporting a more inclusive culture

While this consultation focuses on legal protections, it also highlights the need for a broader cultural shift. Employers who support parents through pregnancy and beyond are more likely to retain talent, build trust, and improve employee wellbeing.

• Embedding inclusive parental policies can:

• Support diversity and inclusion goals

• Improve retention and reduce turnover

• Enhance employer brand and reputation

What about territorial scope?

The proposed protections would apply to England, Wales, and Scotland. Northern Ireland is not included, as employment law is a devolved matter in that jurisdiction.

HR professionals operating across the UK should stay alert to divergent laws between jurisdictions.

Stay prepared for change

These proposed changes signal a more progressive approach to parental protections in UK workplaces. For HR professionals, it’s an opportunity to:

• Review current policies
• Build a more inclusive culture
• Understand evolving legal obligations

But remember: this is still a consultation. The final shape of the legislation may differ, and HR teams must stay informed and agile.

If you’d like to share your views, you can respond to the government consultation directly at: gov.uk/government/consultations

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