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Pregnancy and family leave dismissal protection: A significant shift for employers

The Government has published its response to the consultation on enhanced protection from dismissal for pregnant employees and those taking family leave. While the changes are not expected to take effect until October 2027, employers should start considering now how these reforms may affect future restructuring, redundancy, and capability processes.

What is changing?

The Employment Rights Act 2025 gave the Government the power to introduce greater protection against dismissal for employees who are pregnant, on family leave, or who have recently returned from family leave.

Most notably, employers will no longer simply need to show that a dismissal fell within the range of reasonable responses open to a reasonable employer. Instead, during the protected period, a dismissal must be objectively justified. In practice, this means demonstrating that dismissal was a proportionate means of achieving a legitimate aim and that there was no reasonably viable alternative.

Who will be protected?

Protection will apply from the point an employee informs their employer that they are pregnant, whether verbally or in writing, and will continue throughout pregnancy and for a period after family leave ends. The consultation response confirms that:

•  maternity protection will extend to six months after maternity leave ends;

•  adoption leave protection will run from the start of leave until six months after it ends;

•  certain employees taking shared parental leave, neonatal care leave or bereaved partner's paternity leave will also be protected; and

•  where a pregnancy ends before 24 weeks, protection will continue for two weeks afterwards.

Importantly, this will be a day-one right, meaning no qualifying period of service will be required.

Why does this matter?

Redundancy, capability, misconduct, breach of statutory restrictions and SOSR dismissals involving protected employees are likely to attract greater scrutiny. Employers will need to carefully document their decision-making and be able to evidence why alternative measures, such as redeployment or adjustments, were not reasonably available.

Although all five potentially fair reasons for dismissal will remain available, employers can expect an increased risk of challenge where processes have not been robustly managed.

What does this mean for employers?

Although the reforms remain some way off, organisations may wish to begin reviewing their redundancy procedures, family leave policies, manager training, and guidance on dismissal processes.

Key takeaway

The reforms represent a significant strengthening of protection for pregnant employees and those taking family leave. The move towards an objective justification test is likely to make dismissals during the protected period considerably more difficult to defend, making careful planning and documentation more important than ever.

Duty to provide a trade union statement delayed: What employers need to know

The Employment Rights Act 2025 introduces several reforms to trade union legislation, including a new duty on employers to provide workers with a written statement explaining their right to join a trade union.

The duty was originally expected to come into force at the end of October 2026. However, on 25 September 2026, the Government published a consultation response, setting out a revised implementation timetable.

What must the statement contain and when must it be provided?

Employers will be required to use a standardised statement. From 1 January 2027, new workers will need to receive it at the same time as their written statement of employment particulars.

Workers already employed when the duty comes into force, and who remain employed on 5 April 2027, will need to receive or have access to the statement by that date. The employer will be able to use either:

•  a direct method, such as email, post or in-person delivery, followed by direct annual provision by 5 April in each following year; or

•  an indirect method, such as an intranet or staff handbook, provided workers are told where the statement is located, it remains continuously and reasonably accessible, and an annual reminder is issued by 5 April.

The detailed requirements remain subject to secondary legislation, which is expected to be laid before Parliament in November 2026, with further guidance shortly afterwards.

How can employers prepare?

The revised timetable gives employers some additional time to prepare. Employers should consider their preferred method of delivering the statement. However, given that the detailed requirements remain subject to secondary legislation, employers may wish to wait for the prescribed statement and final requirements before finalising documentation and rollout.

To discuss any of the matters outlined in the above article in further detail, please contact Alex Peltiez or another member of the Employment team.

Report of the independent Expert Academic Panel on Neurodiversity: What does it mean for employers?

The Government has published the final report of the independent Expert Academic Panel ("the Panel") on Neurodiversity, recommending a shift towards a needs-led approach to neuroinclusion at work. For employers, the report provides a useful opportunity to review how reasonable adjustments, recruitment and day-to-day management operate in practice.

What does the report recommend?

The report’s central message is that employers should focus on what an individual needs to work effectively, rather than their diagnosis. The Panel found that a particular diagnosis does not reliably predict the adjustments an employee may require and recommends individualised support rather than condition-based checklists.

Importantly, employers should not make support dependent on an employee obtaining a formal diagnosis. The report confirms that a needs-based assessment does not require a diagnosis and is consistent with the Equality Act 2010.

The Panel also recommends that employers:

•   train managers to have needs-focused conversations with employees;

• consider neuroinclusion throughout recruitment and assessment processes, including auditing recruitment tools for bias;

•   consider the environment within which employees operate;

•  provide adjustments regardless of whether an employee has a formal diagnosis; and

•  adopt “Universal Design” principles by building accessibility and flexibility into workplace practices from the outset. This could reduce barriers for neurodivergent employees and lessen the need for individuals to request bespoke adjustments.

What could change in future?

The Panel makes several recommendations to Government, including introducing a two-week deadline for employers to respond to reasonable adjustment requests, longer Employment Tribunal time limits for disability cases and mandatory disability employment and pay gap reporting.

These recommendations should be distinguished from employers’ current legal obligations. They indicate, however, a continued policy focus on improving disability inclusion and workplace adjustments.

What does this mean for employers?

Employers may wish to review their reasonable adjustment procedures, recruitment practices and manager training. In particular, processes should avoid treating a formal diagnosis as an automatic prerequisite to considering support and should enable managers to identify what practical measures may help an individual work effectively.

Key takeaway

The report signals a clear move away from diagnosis-led workplace support towards a more needs-led approach. Employers who build flexibility into their processes and address adjustment requests promptly will be better placed to support neurodivergent employees and manage potential legal risk.

For further information and recommendations, the full report can be accessed here: Expert Academic Panel on Neurodiversity: Final Report and Recommendations - GOV.UK

Q: Are we required to provide a reference for a previous employee?

A: There is no legal requirement for an employer to provide a reference unless they have agreed to do so, for example, as part of a settlement agreement. If you do provide a reference, it must be fair, accurate and not misleading. Many employers choose to provide a brief factual reference, confirming details such as the employee's job title and dates of employment.  Employers should also ensure that any reference complies with any internal reference policy and is consistent with references provided for other employees.