Prime Minister Andy Burnham has confirmed plans to introduce a new work dismissal rule that will strengthen protections for pregnant women and new parents under a law change scheduled for 2027. The announcement was made on Thursday, October 22, outlining measures designed to give workers greater confidence that their jobs will be waiting for them after family-related leave.
New proportionality test for dismissal cases
From 2027, employment tribunals will adopt a stricter approach when handling dismissal cases involving pregnant women and new parents. Employers will be required to consider all reasonable alternatives to dismissal before proceeding with it. The new proportionality test will replace the current band of reasonable responses test, but only for cases involving pregnant mothers, new parents, and those on other family-related leave.
For all other unfair dismissal cases, the existing band of reasonable responses test, which assesses how a reasonable employer would act, will remain in place. The reforms are designed to ensure dismissal during the protected period is only considered after employers have properly explored alternatives.
Extended protections for family-related leave
Protections will also be extended to employees taking adoption leave, shared parental leave, neonatal care leave, and bereaved partner's paternity leave. Depending on the circumstances, reasonable alternatives may include changes to duties, additional support or training, redeployment opportunities, or other measures to help employees remain in work.
Confirming the plans in a LinkedIn post, Mr Burnham said: “No one should have to choose between starting a family and staying in work. But too many women are still discriminated against in the workplace, just for being pregnant. It’s not right. That’s why we’re giving pregnant women and new parents stronger protections against unfair dismissal.”
Government aims to ease pressure on families
Mr Burnham added: “New safeguards will mean employers must do more before firing a pregnant employee, and we’re also extending protections to people taking adoption leave, shared parental leave, neonatal care and bereaved partner’s paternity leave.” He also stated: “Because starting a family should be one of the happiest times of your life - you shouldn't have to worry about whether you have a job to come back to.”
The government said that by raising the bar for all companies, the reforms will ease pressure on working families and help them feel more secure in their jobs. Kate Shoesmith, director of policy and insights at the British Chambers of Commerce, said: “Businesses across the country want to support women through pregnancy and their return to work. Employers also want to ensure new parents feel secure in their jobs.”
She added: “These stronger protections are welcome and represent a sensible and balanced way forward. They give families greater security while recognising that businesses sometimes have to make difficult decisions for legitimate reasons. We look forward to working constructively with government to develop practical guidance, so everyone knows exactly where they stand.”
