Our response to the consultation on protections for pregnant women and new mothers

Consultation purpose

The consultation proposes new legislation to strengthen workplace protections for pregnant women and new mothers. The proposal would make it unlawful to dismiss these employees during pregnancy, maternity leave, and for at least six months after returning to work, except in specific circumstances.

Read the government's consultation document.

Summary of our response

To help inform our response to this consultation, we sought feedback from employer engagement networks to gather the views of employers in the NHS. 

Employers welcomed the intention to strengthen protections for pregnant women and new mothers, recognising the importance of supporting staff at this stage of their lives. However, they emphasised that the NHS already operates robust national and local policies designed to prevent discrimination and support affected staff

While supportive of improving clarity and fairness, employers raised concerns that changes should not limit their ability to manage legitimate employment issues effectively.

Key points in our response

• Impact of existing enhanced protections for pregnant women and new mothers.

Employers felt the impact of the 2023/24 extended redundancy protections has been modest, largely because NHS practices already provide strong protections and positive workplace cultures. Many felt the changes are now embedded and difficult to distinguish from ongoing good practice.  However, they did note it has increased confidence and psychological safety among pregnant women and new mothers.

• Preferred approach to strengthening fair dismissals.

Most employers preferred the government’s proposal to keep the existing fair dismissal reasons under section 98 of the grounds under Employment Rights Act 1996 but applying a stricter general fairness test, emphasising evidence of business, safety, or wellbeing risks. 

The alternative proposal was to limit the five potentially fair reasons for dismissal - potentially removing some altogether. Across all dismissal categories including conduct, capability, redundancy, statutory prohibition and SOSR employers strongly supported retaining current fair reasons for dismissal rather than narrowing the rules.

• When enhanced protections should apply.

Start of protections: the majority of employers felt protections should begin when the employee notifies the employer of their pregnancy. 

End of protections: employers preferred alignment with existing redundancy protections, rather than a fixed period from return to work, to avoid inconsistencies. 

Employees not entitled to maternity leave (eg pregnancy loss before 24 weeks): the majority of employers felt that in these situations short‑term protections should apply for two weeks following the end of pregnancy.

Extension to other types of parental leave: employers were broadly supportive of extending protections in line with the approach taken for adoption leave, shared parental leave and neonatal care leave.

Across all areas, NHS employers emphasised the importance of:

• maintaining fair, balanced dismissal processes that protect pregnant women and new mothers while ensuring organisations can manage legitimate employment concerns
• aligning new protections with existing frameworks to avoid confusion
• retaining flexibility across all fair dismissal reasons, particularly statutory prohibition
• recognising NHS specific contexts, such as regulatory and safety requirements.

Employers remain committed to fostering inclusive, supportive workplaces and ensuring equitable treatment for all staff during pregnancy, maternity leave and beyond.