The Government has launched a consultation on enhanced dismissal protections for pregnant women and new mothers. 

The consultation is one of a number that have been launched recently in relation to changes that will be introduced under the Employment Rights Bill, including on provisions relating to trade unions (discussed here), and Bereavement Leave (discussed here).  

The proposal to enhance protections for pregnant women and new mothers was prompted by indications that, despite it already being unlawful to discriminate against women because they are pregnant or are on (or have returned from) maternity leave, such discrimination continues. As a result, the Employment Right Bill will introduce a provision that makes it unlawful to dismiss (i) pregnant women, (ii) mothers on maternity leave, and (iii) mothers who return to work for at least a six-month period after they return, save in specific circumstances. 

The consultation explores what these specific circumstances might be. It asks, for example, whether the existing five ‘potentially fair’ reasons for dismissal (conduct, capability, redundancy, statutory prohibition, or some other substantial reason) are adequate or should be narrowed in scope in the case of pregnant women or new mothers.  

The consultation also seeks view on whether the protections should be a ‘day one right’, pointing out that this would mean that “employers may be required to retain and pay employees throughout pregnancy, Maternity Leave, and for at least six months thereafter – even in cases where dismissal might otherwise have occurred”. Alternatively, views are sought on introducing a qualifying period of between three or nine months, in line with a typical probation period. 

Finally, the consultation invites views on whether the new policy could have unintended harmful consequences and how they could be mitigated. It discusses, for example, the risk that employers might be more hesitant to hire – or avoid hiring altogether – women of child-bearing age because of the legal and practical difficulties associated with doing so, and explores ways to combat this. 

The consultation closes on 15 January 2026 and can be read in full here.