Enhanced Dismissal Protections for Pregnant Workers and New Mothers - Government Update

The government has published its response to the Employment Rights Act consultation on enhanced dismissal protections for pregnant women and new mothers.

The BRC responded to the consultation in January 2026 and there has been a long wait for the response.

The consultation sought views on to what extent dismissal protections for this group should be extended - with two broad options put forward:

1. Removing or altering one or more of the existing five fair reasons for dismissal - conduct, capability, redundancy, statutory restriction, or some other substantial reason. BRC was strongly against this proposal.
2. Introducing a new and strengthened 'fairness test' which would work across the existing five fair reasons for dismissal, which employers would have to meet before it could fairly dismiss a pregnant worker or new mother. This was the BRC's preferred option, albeit with the caveat that businesses must retain the discretion to dismiss workers where appropriate.

The government response has confirmed that ministers will take forward Option 2. 

It has also been confirmed that further guidance will follow, with the new measures coming into force in October 2027.

Government response: what you need to know

• As above, a new fairness test will be introduced for employers to meet when looking to dismiss a pregnant worker or new mother. There is little information on what this will look like, although the government's intention is that it will operate similarly to the proportionality test for discrimination claims under the Equality Act 2010 - where employers have to prove that their action is a proportionate way of achieving a legitimate aim.
• The new protections will be a day one right, and will apply to workers throughout their pregnancy and within six months of their return to work.
• It will apply to all forms of maternity leave.

What do you think of the proposals?

We are keen to hear retailers' views on the government response and the measures being brought forward. Please contact Ben with any feedback and reflections.