This article forms part of our dedicated Employment Rights Act Hub, bringing together the latest legal updates, implementation tracker, practical guidance and resources across every key reform. Explore the wider picture and stay informed as the changes continue to develop.
The Employment Rights Act 2025 (the Act) introduces enhanced protection from dismissal for pregnant women and new mothers. The government has now published its response to the consultation on how these protections will work.
Currently, an unfair dismissal claim is judged by asking whether dismissal fell within the "band of reasonable responses" open to a reasonable employer.
Enhanced redundancy protection already requires employers to offer a suitable alternative vacancy, where one exists, during pregnancy and for 18 months after birth.
Regulations under the Act will introduce a proportionality test for the dismissal of employees within the scope of the new protection, in place of the band of reasonable responses test, where dismissal takes place during their protected period. This is the "objective justification" test used in certain discrimination claims under the Equality Act 2010. The employer must show that dismissal is a proportionate means of achieving a legitimate aim, which will ordinarily mean showing that less severe alternatives were not reasonably available.
All five potentially fair reasons for dismissal will...
A former police officer and West Mercia Police Federation treasurer has been jailed for using colleagues’ funds to pay for family holidays, alcohol, meals and entertainment. Jamie Harrison, 55, fr...