Stronger dismissal protection for new mothers

October 2027 (planned) Planned — no commencement order yet

Employment Rights Act 2025 ss.26–27. Commencement regulations not yet made. Applies to: Great Britain. Checked 25 October 2026.

Regulations will restrict dismissal during pregnancy, maternity leave and a period after return, except in specified circumstances. The detail — which reasons remain allowed and how long the protected period lasts — is not yet set.

We found no commencement regulations for this change on legislation.gov.uk as of 25 October 2026. The date comes from the government roadmap and may move; details depend on regulations and consultation responses.

Who it affects

All employers.

What changes

  • Power to restrict dismissal during pregnancy and after statutory family leave.

What to do

  1. Already today: pregnancy and maternity dismissals are automatically unfair from day one — take advice before any dismissal in this period.

Documents to review by 3 September 2027

  • Family leave policies : Paternity and parental leave available from day one; Paternity pay still needs 26 weeks’ service and £129 a week; Paternity leave after shared parental leave.
  • Disciplinary and capability procedure : Acas Code steps followed for everyone past six months; Written reasons for dismissal available on request at six months.

Tick these off and export the dates to your calendar in the business plan tab.

Sources

  1. Employment Rights Act 2025, section 26 — Dismissal during pregnancy
  2. Employment Rights Act 2025, section 27 — Dismissal following period of statutory family leave
  3. GOV.UK — Plan to Make Work Pay and Employment Rights Act: timeline update (updated 22 October 2026)

A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.

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