Connaught Law News

Employment Law · Report

Government plans to make dismissal of pregnant women and new mothers unlawful, with exceptions

The government says it is introducing legislation to make it unlawful to dismiss pregnant women and new mothers except in specific circumstances, and is seeking views on the detail from parents, employers and others.

Government plans to make dismissal of pregnant women and new mothers unlawful, with exceptionsGovernment plans to make dismissal of pregnant women and new mothers unlawful, with exceptions

The government says it is introducing legislation to make it unlawful to dismiss pregnant women and new mothers except in specific circumstances, and is seeking views on the detail from parents, employers and others.

Key facts

The government says it is introducing legislation which will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a 6-month period after they return. The exception is dismissal in specific circumstances.

The source describes the government as seeking views on enhancing these protections.

What the consultation covers

The consultation asks for views on:

  • the specific circumstances in which the dismissal of pregnant women and new mothers should still be allowed
  • when the protections should start and end
  • whether other new parents should be covered by the protections

It also asks for views on:

  • making sure pregnant women and new mothers are aware of the policy
  • how best to support businesses through the change
  • how to mitigate against any unintended consequences
  • other changes that could be made to tackle pregnancy and maternity discrimination

Who is asked to respond

The consultation seeks responses from individuals who are or have been a pregnant woman, new mother or other parent, as well as employers, business representative organisations, academics, trade unions, charities and legal representatives.

What this means for pregnant employees, new mothers and employers

The government has stated its intention to legislate so that dismissing pregnant women, mothers on maternity leave and mothers who have returned to work (for at least 6 months after their return) is unlawful, except in specific circumstances. How the protection works in practice will depend on detail that the consultation covers, including those exceptions and when protection starts and ends.

Employees and employers can read the full consultation page on GOV.UK to check the current position on these points.

Sources

  • Make Work Pay: enhanced dismissal protections for pregnant women and new mothers, GOV.UK: https://www.gov.uk/government/consultations/make-work-pay-enhanced-dismissal-protections-for-pregnant-women-and-new-mothers

Connaught Law News reports legal changes and judgments in plain English. It is news, not legal advice: the outcome in your own case depends on your facts, so speak to one of our solicitors before acting. We check every item against its source, but mistakes can happen; rely on the linked document, and tell us if you spot an error.