Employers will have to show they looked for another way first
What happened
On 22 October 2026 the government announced stronger protection against unfair dismissal for pregnant women and new parents. The change takes effect from 2027, with October 2027 given as the date in the notes to the announcement. From then, employment tribunals will apply a stricter test in dismissal cases involving these groups. Employers will have to show that they considered all reasonable alternatives to dismissal. At the moment, tribunals use what is called the "band of reasonable responses" test. That asks whether a reasonable employer could have acted the way this employer did. The new test is based on proportionality instead, and it replaces the old test for these cases only. All other unfair dismissal cases keep the existing test. The protection covers more than maternity leave. It extends to employees on adoption leave, shared parental leave, neonatal care leave, and bereaved partner's paternity leave. The government also plans regulations on restricted variations to sums payable and to shift pattern changes, again for these groups only. The measures sit within the Employment Rights Act, which the government says will benefit over 18 million people. It published its consultation response alongside the announcement, titled "Make Work Pay: enhanced dismissal protections for pregnant women and new mothers". Kate Dearden MP, Minister for the Future of Work, said: "No one should have to choose between starting a family and staying in work."
Why this matters
The reason for the change is the sheer number of people affected. The campaign group Pregnant Then Screwed, in its State of the Nation survey, found that 73% of women experience pregnancy or maternity discrimination. That is not 73% who are dismissed, but it is a large majority reporting some form of unfair treatment. The practical problem with the old test is subtle. "Could a reasonable employer have done this?" is a wide question. Plenty of decisions fit inside it, including decisions that happened to land on the one person in the team who was about to go on maternity leave. The new test asks something narrower and harder: did you look for another way, and can you show it? Ali Fiddy, Director of Maternity Action, described the everyday version of this: "We speak to thousands of women each year who are worried about losing their jobs simply because they are pregnant or have had a baby." It is worth noting that this has not landed as a fight between workers and business. Kate Shoesmith, Director of Policy and Insights at the British Chambers of Commerce, called the protections "a sensible and balanced way forward" that give families security while recognising that businesses sometimes make difficult decisions for legitimate reasons.
What the evidence actually says
A few things this change does not do, because it is being reported in a lot of places and the detail matters. It does not ban dismissing a pregnant employee or a new parent. Redundancies still happen, and so do dismissals for conduct or capability. What changes is the standard of proof the employer has to meet at tribunal. It does not apply to everyone. The stricter test is specific to pregnancy and the listed types of parental leave. Everyone else's unfair dismissal case is judged the same way as before. It is not in force yet. The date given is 2027, with October 2027 in the notes. Anything happening to someone today is still judged under the existing rules, and existing protections against pregnancy and maternity discrimination under the Equality Act already apply. And it is not the end of the argument. Rachel Grocott, Chief Executive of Pregnant Then Screwed, welcomed the protections as an important step while saying more work is needed on the wider motherhood penalty, meaning the pay and career gap that opens up after having children. What the change does achieve is a shift in who has to do the work of explaining. Under a proportionality test, an employer who cannot evidence that it weighed up alternatives is in a much weaker position. In practice that means better record-keeping becomes the employer's own interest, not just the employee's.
Practical advice
**If you are pregnant or on parental leave now,** your existing rights still apply. You are protected against pregnancy and maternity discrimination, and you have the right to return to your job after maternity leave. **Put things in writing.** If a conversation about your role, hours or pay happens verbally, follow it up with a short email summarising what was said. Dates and written records are what tribunals work from. **Know the clock.** Employment tribunal claims normally have a strict time limit of three months less one day, and you usually have to contact Acas for early conciliation first. Do not wait to see if things settle down. **Get free advice early.** Acas, Citizens Advice, Maternity Action and your trade union if you have one all give free guidance. You do not need a solicitor to ask a question. **Employers: start now, not in October 2027.** Keep a written record of alternatives you considered before any dismissal involving a pregnant employee or a new parent. That is the evidence the new test will ask for. **Employers: check your redundancy process.** If a scoring or selection exercise cannot be explained without reference to someone's leave, that is the problem the new test is designed to catch.
What to know
From 2027, with October 2027 given in the notes, tribunals will apply a stricter proportionality test in unfair dismissal cases involving pregnant women and new parents, and employers will need to show they considered all reasonable alternatives. The protection also covers adoption leave, shared parental leave, neonatal care leave and bereaved partner's paternity leave. Other unfair dismissal cases are unchanged. It does not make these dismissals impossible, it raises the bar for justifying them. Existing pregnancy and maternity discrimination rights apply in the meantime, and tribunal time limits are short, so early free advice matters. Sources: GOV.UK (Department for Business, Innovation, Science and Trade), "Stronger protections for pregnant women and new parents against unfair dismissal", 22 October 2026, https://www.gov.uk/government/news/stronger-protections-for-pregnant-women-and-new-parents-against-unfair-dismissal; Pregnant Then Screwed, "State of the Nation" survey, https://pregnantthenscrewed.com/; Acas, "Pregnancy and maternity discrimination", https://www.acas.org.uk/. This article is for general information only. It is not legal, financial or medical advice. For anything about your own health or medicines, speak to a doctor, pharmacist or other qualified healthcare professional.
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