What protection do pregnant employees and new mothers have?
Pregnant employees are protected from unfavourable treatment because of pregnancy, pregnancy-related illness or maternity leave, and dismissal for those reasons is automatically unfair. They have paid time off for antenatal care, a right to an individual risk assessment and priority for suitable alternative vacancies in a redundancy. Enhanced dismissal protections are expected from October 2027.
Discrimination and the protected period
Under section 18 of the Equality Act 2010, it is discrimination to treat a woman unfavourably because of her pregnancy, a pregnancy-related illness, compulsory maternity leave or because she takes or seeks to take maternity leave. No comparison with another employee is needed.
Acas explains that the protected period starts when someone becomes pregnant and usually ends when maternity leave ends or they return to work. Acas also says someone is only protected if the employer knows, or should reasonably have known, about the pregnancy. Treatment outside the protected period may still be sex discrimination.
Dismissal and redundancy
Acas says dismissing someone because they are pregnant or on maternity leave is automatically unfair dismissal and could also be discrimination.
In a redundancy situation, a pregnant employee has the right to be offered a suitable alternative vacancy, if one is available, even if other colleagues are more suitable. GOV.UK says the right starts when the employee tells the employer about the pregnancy and lasts up to 18 months from the birth.
Time off and health and safety
Employers must give pregnant employees time off for antenatal care and pay their normal rate for it. HSE says employers must carry out an individual risk assessment for workers who are pregnant, have given birth in the last 6 months or are breastfeeding. Where risks remain, the employer should change her working conditions or hours if that is reasonable and would avoid the risk, and otherwise suspend her on full pay.
What is changing
GOV.UK's Employment Rights Act 2025 timeline lists enhanced dismissal protections for pregnant women and new mothers for October 2027. The detail is still to be set out, and the date remains subject to parliamentary processes.
The law
“in or after the protected period in relation to a pregnancy of hers, A treats her unfavourably…”
“is entitled to be permitted by her employer to take time off during the employee's working hours…”
“Where there is a suitable available vacancy, the employee is entitled to be offered…”
Sources
- Pregnant employees' rights · GOV.UK
- Pregnancy and maternity discrimination · Acas
- Protecting pregnant workers and new mothers: employers · HSE
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Enhanced dismissal protections for pregnant women and new mothers expected
Future dates are expected dates and depend on Parliament.
What employers can do
- Carry out and record an individual risk assessment as soon as an employee tells you she is pregnant
- Allow paid time off for antenatal appointments
- Make sure pregnancy-related illness is not held against the employee in absence, performance or selection decisions
- In any redundancy, identify suitable alternative vacancies and offer them first to those with protection
- Keep in touch during maternity leave without excluding the employee from opportunities
- Monitor GOV.UK for the detail of the October 2027 dismissal protections
Recent tribunal decisions on this topic
Tribunal tracker- Medway Council Fixed term regulationsMaternity and pregnancy rightsUnfair dismissal Read the decision on GOV.UK
- Healing Waters (Company) Ltd Breach of contractMaternity and pregnancy rightsUnlawful deduction from wages Read the decision on GOV.UK
- Manchester University NHS Foundation Trust Maternity and pregnancy rightsSex discriminationUnfair dismissal Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- What are the rules on redundancy consultation? Employers should consult every affected employee before deciding on redundancies. If 20 or more redundancies are proposed at one establishment within 90 days, collective consultation with representatives must begin at least 30 days (45 days for 100 or more) before the first dismissal, and form HR1 must be submitted. Failure can lead to a protective award of up to 180 days' pay per employee.
- What paternity and unpaid parental leave are employees entitled to? Since 6 April 2026, eligible employees can take up to 2 weeks' paternity leave and up to 18 weeks' unpaid parental leave per child from their first day of employment. Statutory Paternity Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower, and still needs 26 weeks' service.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.