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Pregnant, on family leave or getting ready to return to shifts? The GOV.UK announcement of 22 October 2026 sets out plans for stronger protection against unfair dismissal. The new dismissal test is planned for October 2027, subject to regulations. It is not in force today.
That does not mean you have no protection now. The government's consultation response separates existing rights from the changes it intends to make. Here is what that distinction means for you, using the position described in those sources on 22 October 2026.
What already applies
The response's current legal framework section says:
- Pregnancy and maternity discrimination is already unlawful. This includes unfavourable treatment because of pregnancy, pregnancy-related illness during the protected period, or taking or trying to take maternity leave.
- Dismissal for a reason connected to pregnancy, childbirth or exercising maternity leave rights is already automatically unfair. Employees have that protection from their first day in a job. It is separate from ordinary unfair dismissal protection.
- There are already extra protections in redundancy situations. For an employee within the protected period, an employer must offer a suitable alternative vacancy where one is available. The response says its pay, status and other terms must not be less favourable. Redundancy can still happen where no suitable alternative vacancy exists. The protected period already runs through pregnancy and the leave itself. For maternity and adoption leave it then lasts until 18 months after the birth or placement. For shared parental, neonatal care or bereaved partner's paternity leave, the 18 months applies only after at least six continuous weeks of one of those leaves.
These are existing protections identified in the source, not new rights created by the headline. These rights, and the planned changes below, apply in England, Scotland and Wales. Northern Ireland has its own employment law, so if you work there, check with the Labour Relations Agency rather than Acas. If a manager raises dismissal or redundancy now, ask Acas about your circumstances rather than waiting for the planned changes.
What is planned for October 2027
The government intends to introduce a proportionality test for unfair dismissal during the protected period. In plain words, an employer would need to explain the legitimate business aim behind a dismissal and show why dismissing the person was a proportionate way to achieve it.
The response says this would normally mean considering workable alternatives, such as temporary changes to duties, support or training, or another suitable role. What is reasonably available would depend on the circumstances of the employer.
The plan keeps the existing five potentially fair reasons for dismissal. It would make the assessment stricter; it would not guarantee that someone could never be dismissed. The response says implementation needs regulations and gives October 2027 as the intended start, not a change you can treat as already operating.
Who the planned protection would cover
All the arrangements below are planned, subject to regulations:
| Situation | Planned protection period |
|---|---|
| Pregnancy and maternity leave | From telling the employer about the pregnancy, verbally or in writing, through maternity leave and for six months after that leave ends. No minimum length of employment would be required. |
| Pregnancy ends with no entitlement to maternity leave | Protection would continue for two weeks after the pregnancy ends. |
| Adoption leave | From the first day of leave, during leave and for six months after it ends. |
| Shared parental leave, neonatal care leave or bereaved partner's paternity leave | From the first day of leave and during leave. The extra six months after leave would apply where at least six continuous weeks of the relevant leave had been taken. |
The proposed six months after leave is a different timetable from existing redundancy protection. The response says existing redundancy protections, including the 18-month protected period for qualifying parents, would remain. Ask Acas which period fits your leave and dates; do not assume every new parent has the same cover.
A checklist for your next conversation
- Keep your contract, leave confirmations and relevant messages together, with a dated note of conversations about your job.
- Record when you told your employer about your pregnancy, or the type and dates of family leave involved. If you told them verbally, keep a note of that conversation.
- If dismissal or redundancy is raised, ask for the reason and the next steps in writing.
- Ask what alternatives have been considered, including any suitable vacancies. This is a useful question now, without presenting the planned test as current law.
- Contact Acas for advice about your situation, the protections that apply and any deadline for taking action. You do not need to work out the legal label before asking for help.
