Today, 22nd October 2026, the Government has published its response to the consultation on stronger dismissal protection for pregnant employees, new mothers and certain parents taking family-related leave.
The reforms go beyond the special redundancy protection already familiar to schools and trusts. During specified protected periods, they will introduce enhanced protection from dismissal generally.
What is changing?
Existing protections remain: dismissal connected with pregnancy or maternity may be automatically unfair; pregnancy and maternity discrimination is prohibited; and enhanced redundancy rights apply. The new rules add a wider protection. A school or trust dismissing during a protected period will need to show that dismissal is a proportionate means of achieving a legitimate business aim. This higher threshold will replace the usual “band of reasonable responses” test when a tribunal considers fairness during that period.
Schools will therefore need to consider and document reasonably viable alternatives, which may include adjustments, temporary measures or a suitable alternative role. Further guidance will explain how the test applies in practice.
Who is protected, and when?
The enhanced protection will be a day-one right. For pregnancy, it begins when the employee tells the school or trust, verbally or in writing, that she is pregnant. It continues throughout pregnancy and Maternity Leave and for six months after Maternity Leave ends. If a pregnancy ends before 24 weeks, so there is no entitlement to statutory Maternity Leave, protection continues for two weeks after the pregnancy ends.
Protection will also apply from the first day of:
- Adoption Leave;
- Shared Parental Leave;
- Neonatal Care Leave; and
- Bereaved Partner’s Paternity Leave.
Adoption Leave is protected throughout and for six months afterwards. For Shared Parental, Neonatal Care or Bereaved Partner’s Paternity Leave, the six-month post-leave period applies where at least six continuous weeks of the relevant leave have been taken. Ordinary Paternity Leave is not included.
Can a protected employee still be dismissed?
Yes. There will not be an absolute ban. Conduct, capability, redundancy, statutory prohibition and some other substantial reason will remain potentially fair reasons, but the school or trust must also satisfy the proportionality test. Relevant circumstances may include a health and safety risk, a significantly detrimental organisational effect or a serious negative impact on others’ wellbeing.
Establishing a potentially fair reason may therefore be insufficient on its own: schools must consider whether dismissal is proportionate and what reasonably viable alternatives have been explored.
Existing redundancy protection
The current enhanced redundancy protection, including its 18-month protected period, will remain alongside the new wider regime. In a redundancy exercise, schools may therefore need to apply both the specific rules on suitable alternative vacancies and the new proportionality test governing dismissal during the relevant protected period.
What should schools and trusts do now?
The new test is not yet in force. Implementation is intended for October 2027, with detailed regulations and guidance still to follow. In preparation, schools and trusts should:
- review maternity, family leave, redundancy, capability and disciplinary policies;
- ensure protected periods can be identified accurately;
- brief managers on the extended protection and covered types of leave;
- consider and record alternatives to dismissal; and
- seek early advice where dismissal is contemplated within a protected period.
The practical message is “pause and check”: once the regime is in force, particular care will be required before dismissing anyone within a protected period.
What happens next?
The Government will introduce regulations for the intended October 2027 commencement and develop supporting communications and guidance, including from Acas. Schools and trusts therefore have time to prepare, but the reforms will materially change how dismissals involving pregnant employees, new mothers and certain other parents are approached. We will provide further updates as detail becomes available.
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