In October 2025, a consultation was launched on enhancing protections for pregnant workers in the Employment Rights Bill. This consultation will be open until 15th January 2026.
Current Legal Framework
Under the current legal framework, employees who are pregnant, on maternity leave, or have given birth in the last 18 months are entitled to various protections, including:
• Paid time off for antenatal care
• Maternity leave
• Maternity pay or allowance
• Protection against unfair treatment, discrimination or dismissal
Pregnant workers are also entitled to be offered suitable alternative employment (where available) in redundancy situations from the time they inform their employer of their pregnancy, until 18 months following their child’s birth – a policy which has been in place since April 2024
Under the Equality Act 2010, legal protections extend to employees, workers and contractors, job applicants, and sometimes former employees.
Key Proposals in the Employment Rights Bill
The Employment Rights Bill is expected to introduce enhanced protections for pregnant workers and those returning from maternity leave. These provisions aim to reduce the risk of unfair dismissal claims and allow employers to bolster support for pregnant workers.
Key changes include:
• Strengthened protections against dismissal: It will become unlawful to dismiss a worker who is pregnant, or who has returned from maternity leave within the previous six months, except in cases which involve, for example, gross misconduct or other lawful grounds for dismissal.
• Enhanced protection in redundancy situations: Pregnant workers will be entitled to first refusal on suitable alternative vacancies in redundancy scenarios,
Implications and Advice for Employers
Employers should prepare for changes to pregnant workers’ rights by:
• Reviewing and updating maternity, pregnancy, and redundancy policies, ensuring they reflect the new legal requirements and clearly outline employees’ rights.
• Conducting risk assessments in relation to pregnant employees and taking any appropriate steps to address concerns.
• Providing training to managers on best practices for supporting pregnant workers, including how to avoid discriminatory practices.
Employers should bear in mind that pregnancy and maternity protected characteristics under the Equality Act 2010. As such they must take care not to act in any way that could be perceived as discriminatory, particularly in redundancy or performance-related situations.
Conclusion
While still under consultation, the Employment Rights Bill is expected to have a significant impact on pregnant workers’ rights, particularly surrounding dismissal and redundancy. Employers should take proactive steps to prepare for the implementation of these provisions, ensuring compliance at all times.
Thorntons’ Employment Rights Bill series will provide expert insights and practical guidance on developments in the Bill’s implementation. Thorntons’ Employment Rights Bill series will provide expert insights and practical guidance on developments in the Bill’s implementation. You can get in touch with one of our experts by calling 03330 430150 or emailing us on [email protected]
