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Dismissal Employment Law Employment Rights Act 2025 HR Lousha Reynolds Parental Rights Pregnancy

Enhanced dismissal protection for pregnant employees and new parents

What employers need to know

The Westminster Government has unveiled significant plans to strengthen dismissal protections for pregnant employees, new mothers and certain other parents, marking another major development in its wider Make Work Pay employment law reforms.

The changes, announced following a public consultation, will create a higher legal threshold for employers seeking to dismiss employees during pregnancy, maternity leave and for the 6 months following a return from maternity leave.


Why are the rules changing?

Responses to the Government’s consultation and wider evidence has highlighted that whilst redundancy protections can provide safeguards in certain circumstances, the protection for pregnant women and those returning from maternity leave is limited in scope. As a result, it was noted that many women continue to experience vulnerability during pregnancy, maternity leave and in the period following their return to work.

Following consultation with employers, trade unions, legal professionals and employees, the Government has decided to introduce a stronger legal framework designed to ensure dismissal is considered only after reasonable alternatives have been explored, therefore strengthening the protection for women during pregnancy, maternity and for 6 months following a return to work.


A new legal test for dismissal

The change is a significant one as it replaces the current and well-established unfair dismissal test during the protected period.

At present, when considering the fairness of the dismissal, Employment Tribunals assess whether an employer’s actions fell within the “band of reasonable responses” available to a reasonable employer.

Under the new framework, the employer will still have to show that the dismissal is for one of the potentially fair reasons (conduct, capability, statutory restriction, redundancy or some other substantial reason) but instead of simply asking whether the employer has acted reasonably, dismissals during the protected period will instead be assessed using a proportionality test, with the Tribunal determining whether the decision to dismiss was a proportionate means of achieving a legitimate aim (which is the test used in relation to indirect discrimination).

This means employers will need to:

  • Identify the legitimate business objective that is being furthered by the dismissal
  • Demonstrate that dismissal was a proportionate way of achieving that objective
  • Show that less severe alternatives were not reasonably available

Examples of alternatives may include:

  • Temporary changes to a role
  • Additional support or training
  • Redeployment opportunities
  • Other measures that could enable the employee to remain in work

This is a much higher threshold than you would normally find in unfair dismissal, therefore increasing the burden on the employer in such dismissals.


When will protection begin and how long will it last?

The Government has confirmed that enhanced dismissal protection will become a day one employment right, meaning there will be no qualifying service requirement.

Protection will begin once an employee informs their employer that they are pregnant and will apply from that date, throughout the pregnancy, during the period of maternity leave and for 6 months after the maternity leave ends.

Where an employee is not entitled to maternity leave, protection will continue for two weeks following the end of the pregnancy.


Protections extended to other forms of family related leave

Importantly, the Government has decided that similar protections should apply to other forms of family-related leave.

Adoption leave

Employees taking adoption leave will benefit from protection during their leave and for six months following the end of the adoption leave.

Enhanced dismissal protections will also extend to:

  • Shared Parental Leave
  • Neonatal Care Leave
  • Bereaved Partner’s Paternity Leave

Protections will again apply during the period of leave and for 6 months following the end of the leave where at least six continuous weeks of leave is taken.


What does this mean for employers?

The reforms do not create a blanket ban on dismissals.

Employers will still be able to dismiss employees where there is a legitimate reason and dismissal is proportionate in the circumstances. However, the expectation is that employers will take meaningful steps to consider alternatives before reaching that point.

This means organisations should be prepared to demonstrate:

  • Clear business justification
  • Thorough consultation
  • Consideration of alternative options
  • Robust documentation of decision-making processes

For many employers, manager training will also become increasingly important to ensure decisions are legally defensible, consistently applied, and well documented.


When does the change take effect?

On 22 October 2026, the Government updated its implementation timetable and confirmed that the enhanced dismissal protections for pregnant women, new mothers and other parents taking family related leave will take effect in October 2027.


How Refreshing Law can help

The proposed reforms represent a significant shift in employment law and place greater emphasis on demonstrating fairness, proportionality and meaningful consideration of alternatives to dismissal.

Refreshing Law can help employers review policies, assess risk, train managers, and prepare for the enhanced protections before they come into force, ensuring compliance while supporting fair and effective workplace practices.


CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

Lousha Reynolds
Refreshing Law

Categories
Discrimination Law Employment Law Lousha Reynolds Maternity Neonatal Care (Leave and Pay) Act 2023 Parental Rights Pregnancy

The Neonatal Care (Leave and Pay) Act 2023

On the 6th of April 2025, the Neonatal Care (Leave and Pay) Act 2023 came into effect,  providing eligible parents with a right to up to 12 weeks statutory leave and pay when their baby requires neonatal care. The aim is to support families during a challenging time by offering them the ability to spend dedicated time with their baby whilst they are receiving medical care without it eating into their paid family leave.


What is Neonatal Care Leave?

The Act entitles employees to up to 12 weeks of leave when their baby, born after the 6th of April 2025, requires neonatal care within the first 28 days of birth. Parents can take one week of leave in respect of each week that the baby receives neonatal care (up to a maximum of 12 weeks) and such leave must be taken within 68 weeks of the child’s birth. It is a day one right, it is available to both parents and importantly, it is in addition to any other leave the parent may be entitled to, such as maternity, paternity or adoption leave.


How is Neonatal Care Leave taken?

How the leave can be taken will depend on what other types of parental leave the employee is entitled to and whether the leave is used whilst the baby is in hospital, or later in the 68 weeks. This is referred to as Tier 1 and Tier 2.

Employees taking maternity leave will only be able to take Tier 2 leave. Maternity leave will be triggered by the birth of the baby and cannot be stopped and restarted later. Employees will need to take their maternity leave and then their accrued Neonatal Care Leave all in one go once maternity leave is over. Conversely, employees taking paternity leave will be able to take Neonatal Care Leave more flexibly. Tier 1 will allow them to take leave whilst their baby is still in hospital. They can also take Tier 2 leave if they wish to reserve some Neonatal Care leave for after the baby has been discharged.

What do the Tiers mean?Tier 1Tier 2
Tier 1 starts when a baby begins receiving neonatal care and ends the 7th day after the day the baby stops receiving neonatal care.

For twins/multiple births where more than one baby is receiving care, Tier 1 continues until the 7th day after the day the last baby stops receiving care.
Tier 2 starts 7 days after the baby is discharged from neonatal care.

It runs through to 68 weeks after the baby’s birth.
Who is likely to use this leave?Dads and non birthing parents.

Mums and birthing parents.

Dads and non birthing parents taking leave more than 1 week after the baby is discharged.
When can your employee take this leave?While the baby is still in the hospital and up to 7 days afterwards.

It can fit around pre booked Parental Leave.

More than 1 week after the baby is discharged.

After finishing maternity leave.
How does your employee take this leave?In non-consecutive week long blocks.

In consecutive week long blocks.

What about Statutory Neonatal Care Pay?

Whilst the ability to take Neonatal Care Leave is a day one right, like with other paid family leave, employees have to meet eligibility criteria in order to qualify for statutory neonatal pay, including that they have been employed for 26 weeks by the end of the week prior to the baby’s hospital admission. Statutory neonatal care pay will be at the statutory prescribed rate, which is currently the lower of £187.18 or 90% of the employee’s average weekly earnings.


6 key things to consider as an employer

The government anticipates that the new rights will benefit around 60,000 new parents so the changes are likely to be widespread and far reaching. We have identified our top 6 things for you to consider to ensure you are compliant and prepared:

  1. Introduce a clear policy: Whilst the new Act seeks to allow for flexibility in order to support families during a challenging time, it does come with the price of added complexity. By contrast, the Neonatal Care policy should be clear and easily accessible, particularly as this will be a very difficult and stressful time for employees. As the notice requirements are complex (involving a two-tiered system), we recommend creating a template form for employees to complete.

  2. Consider enhancements: If enhanced family leave is already on offer, you may want to consider offering any enhancements to Neonatal Care Leave and/or pay. For those that are already seeking to offer enhancements, we recommend mirroring eligibility conditions attached to other enhanced family leave/pay.

  3. Extended Redundancy Protection Rights: Employees who have taken 6 continuous weeks of Neonatal Care Leave benefit from the extended redundancy protection rights, with a right to be offered a suitable alternative vacancy applying from the day after the employee has taken 6 weeks of Neonatal Care Leave until the day after the child turns 18 months old. It is important for employers to keep track of this, in the same way as for other types of parental leave and to ensure that this group is added to those entitled to priority status in the event of a redundancy.

  4. Confidentiality/Data Protection: Information related to the baby’s medical condition is confidential and constitutes sensitive personal data. We recommend that you clarify what information the employee is happy for you to share and that you observe their wishes when sharing information with colleagues about the baby/the reason that they are taking Neonatal Leave. We also recommend that the sensitive personal data is processed in accordance with your Data Protection policy.

  5. Notice Provisions: The notice that the employee is required to give varies depending on whether they intend to take Tier 1 or Tier 2 Leave, albeit that the legislation does allow for employers to waive notice periods. Tier 1 notice requires employees to provide weekly notice on a rolling basis. However,employees may be informed by medical staff that their baby will receive weeks or months of care. In such circumstances, you may want to consider reducing the burden on the employee at this already stressful time by waiving the weekly notice requirement and instead ask them to keep you informed when they know their circumstance is changing. Similarly, for Tier 2 leave, you may want to discuss this at the time when you would usually be in touch to discuss returning from other leave (such as maternity) or bring this in line with notice for other types of leave, rather than using the timeframes set out in the legislation.

  6. How about babies taken unwell after 28 days? As the new Act only applies to babies who require neonatal care within the first 28 days of their life, employers should think about and be prepared for challenges that may be received from parents where their baby/child is admitted to hospital for an extended period after the first few weeks of their life, particularly as more employees become aware of the Neonatal Care rights.

If you would like to discuss any aspect of the new Neonatal Care Act or require a policy, please do not hesitate to contact Lousha at lousha@refreshinglawltd.co.uk.

Lousha Reynolds
Refreshing Law