Extending the right to protection from dismissal following pregnancy and other family leave

Paternity and Parental Leave

The Act introduces day-one rights to paternity leave and parental leave, bringing them into line with other family leave rights such as maternity, adoption and neonatal care. These measures are expected to come into force on 6 April 2026, presumably to tie in with the date when increases in the rate of statutory paternity pay take effect. However, parental leave (which is different from shared parental leave) remains unpaid. Employees that are newly eligible under day-one rights to paternity and unpaid parental leave have been able to give notice of their leave since 18 February 2026.

 

Redundancy and Pregnancy

Separately, the right not to be dismissed for redundancy during or after a period of pregnancy has been extended to dismissals for any other reason. The extended right not to dismiss a pregnant employee during pregnancy and following her return to work will be set out in the regulations due to be implemented in 2027. Failure by an employer to comply with these regulations will result in the dismissal of the pregnant employee or new mother as automatically unfair. Consultation on these measures ran from the 23 October 2025 until closure on 15 January 2026.  

The two proposed options on the test for determining if a dismissal in these circumstances is automatically unfair is as follows:

- either a stricter test, which would require employers to show that dismissal was for one of the existing five fair reasons for dismissal; or

- limiting the scope of an existing fair reason, for example, a dismissal on grounds of conduct, capability or SOSR would be potentially fair if continued employment would pose a health and safety risk to others.

 

New Powers Given to the Secretary of State

The Act also introduces a power permitting the Secretary of State to introduce regulations protecting employees taking family leave (maternity, adoption, shared parental leave, parental bereavement leave, carers leave and neonatal leave) from being dismissed during and after the leave.

 

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