Returning from maternity leave: the stronger dismissal test planned for 2027

The government has confirmed a stronger dismissal test during pregnancy, maternity leave and six months after return. It is intended for October 2027 and is not in force yet.

A return from maternity leave can bring questions about whether a job will still be there. On 22 October 2026, the government confirmed its approach to stronger dismissal protection during pregnancy, maternity leave and the months after leave ends.

The planned change concerns how an employer would justify a dismissal during the protected period. The government intends to replace the current band of reasonable responses test with a proportionality test. An employer would need to identify a legitimate business aim and explain why dismissal was a proportionate way to achieve it. Less severe options, such as temporary changes to a role or suitable alternative work, would ordinarily need consideration.