leave-and-absence
Pregnancy and maternity dismissal protection in 2027
A preparation guide for employers ahead of planned stronger dismissal protection for pregnant employees and new mothers in 2027.
The Employment Rights Act programme includes stronger dismissal protections for pregnant employees and new mothers during 2027. Final regulations will define the detailed protected period, exceptions and commencement. Existing discrimination, family-leave and redundancy protections already apply, so employers should improve controls now rather than wait for the final date.
Existing protection already matters
Dismissal or detrimental treatment because of pregnancy or maternity is unlawful. Ordinary unfair-dismissal qualifying service does not protect an employer from claims connected with pregnancy, family leave or asserting statutory rights. Redundancy rules also give eligible employees on maternity, adoption or shared parental leave—and for defined periods afterwards—priority for suitable alternative vacancies.
Do not delay a promotion, remove responsibility or select someone for redundancy because they will be absent. Avoid assumptions about commitment, childcare, travel or future availability. Decisions should be based on evidence and discussed with the employee rather than inferred.
Record notification and key dates
Create a confidential record of pregnancy notification, expected week of childbirth, intended leave dates, risk-assessment actions, keeping-in-touch preferences and the protected period relevant to redundancy. Restrict access to people who need the information.
Managers need to know enough to apply health-and-safety and leave arrangements, but pregnancy information should not circulate informally. Agree how the employee wants colleagues to be told.
Review workplace risks for the employee and baby. Where a risk cannot be controlled, consider adjusted duties, hours or suitable alternative work in line with current obligations. Obtain competent advice rather than using dismissal or unpaid leave as an automatic response.
Manage performance and conduct fairly
Pregnancy does not prevent genuine performance or conduct management, but managers must separate legitimate issues from pregnancy-related effects and discriminatory assumptions. Check whether absence, fatigue, appointments, sickness or a workplace risk is pregnancy related before relying on it.
Use contemporaneous evidence and apply reasonable adjustments to meetings where needed. Pause if medical information or specialist advice is required. If concerns pre-date notification, retain the earlier evidence and continue proportionately rather than accelerating a process after learning of the pregnancy.
Handle redundancy with additional safeguards
Define the genuine redundancy situation and selection pool without manipulating the structure around an individual. Selection criteria should be objective and should not penalise pregnancy-related absence, maternity leave or lack of opportunity to achieve targets during leave.
Search properly for suitable alternative vacancies across the organisation. Priority rights can require an eligible employee to be offered a suitable vacancy rather than compete for it. Keep a central vacancy record so a local manager does not overlook roles elsewhere.
Consult employees on leave meaningfully. Agree communication methods, provide the same information and reasonable response time, and do not assume they will not want to participate.
Plan a supported return
Discuss return dates, accrued holiday, breastfeeding or health considerations, role updates, training and any flexible-working request. The returning employee should normally resume the same job after ordinary maternity leave, subject to the applicable legal rules for the type and length of leave.
Avoid sidelining someone because temporary cover performed well. Ensure access to systems, clients, meetings, development and promotion. A phased or flexible arrangement can be considered, but do not impose reduced responsibility without agreement.
Maintain appropriate contact during leave based on the employee's preferences. Share significant workplace developments, promotion opportunities and consultation information without pressuring the employee to respond or work. Keeping-in-touch days must be genuinely agreed and recorded correctly. Before the return, identify training or system changes and arrange practical support. A return plan should restore effective participation, not create a lower-status role that the employee never accepted.
Audit outcomes as well as policy wording. Compare promotion, performance ratings, redundancy selection and turnover for employees who have taken family leave. Patterns can reveal disadvantage that individual case reviews miss. Escalate any proposed dismissal during the protected period for senior, independent scrutiny.
Preparation checklist
- update family-leave and redundancy policies;
- train managers on pregnancy discrimination and priority vacancies;
- record protected-period dates centrally;
- exclude protected absence from selection and attendance criteria;
- add a senior review before dismissal or redundancy action;
- coordinate vacancies across the organisation;
- keep employees on leave meaningfully informed;
- monitor return-to-work outcomes and flexible-working decisions.
Create aligned contract and handbook documents so family-leave, redundancy and flexible-working wording supports consistent manager practice.
This guide reflects published plans at 30 October 2026. Final 2027 regulations may change. It is general information, not legal advice; seek specialist advice before dismissal or redundancy.
