Pregnancy Protections: What Employers Need to Know from an Employment Rights and Compliance Perspective
Pregnancy and maternity protections are not just a “family-friendly” consideration. They are a core employment law and compliance issue, and one that employers need to handle with real care.
For SMEs, particularly in sectors such as manufacturing, engineering, construction, logistics and operational environments, pregnancy-related decisions can often sit alongside workforce planning, health and safety considerations, absence management, role changes, shift patterns and restructures. That is exactly why having clear processes, well-trained managers and compliant documentation is essential.
Pregnancy protection is a legal obligation, not a discretionary benefit
Employees are protected from unfair treatment because of pregnancy, maternity leave or plans to take maternity leave. This includes protection from discrimination, detriment, unfair dismissal and unfair redundancy.
From an Employment Rights Act perspective, dismissal linked to pregnancy or maternity can be automatically unfair. This means the usual qualifying period for ordinary unfair dismissal does not apply in the same way where the reason for dismissal is connected to pregnancy or maternity.
This is where some businesses can unintentionally create risk. A manager may think they are making a practical decision about absence, performance, attendance, flexibility, redundancy or business need. However, where pregnancy or maternity is connected to that decision, the risk profile changes significantly.
Redundancy protection is one of the biggest compliance areas
Pregnancy does not prevent a genuine redundancy process from taking place. However, employers must be able to demonstrate that the process is fair, objective, well-documented and not influenced by pregnancy or maternity.
Pregnant employees and certain new parents have enhanced redundancy protection. Where there is a suitable alternative vacancy available, employers must offer it as a priority. This is not simply a right to apply or be considered alongside others. The protection requires employers to take a proactive approach.
That distinction is important.
In practice, this means employers should carefully review:
Who is in the selection pool
How selection criteria are applied
Whether pregnancy-related absence has been excluded from scoring
Whether consultation has been meaningful
Whether suitable alternative roles exist
Whether the employee has been given priority where the law requires it
Whether all decision-making has been clearly documented
A redundancy process that looks reasonable on the surface can still become high risk if pregnancy or maternity rights have not been properly considered.
The Employment Rights changes will increase the focus on dismissal protection
The Employment Rights Act 2025 is expected to strengthen protections against dismissal for pregnant workers and those returning from maternity leave, with further changes expected in 2027. For employers, this means the direction of travel is clear: pregnancy and maternity-related dismissals will be under even greater scrutiny.
This is not something businesses should leave until the law changes are fully in force. Employers should be reviewing their approach now, particularly if they are planning restructures, managing absence, dealing with performance concerns or making changes to working arrangements.
The best protection for a business is not only knowing the law, but being able to evidence that the right process was followed at the right time.
Recruitment decisions also need careful handling
Pregnancy protection is not limited to existing employees. Employers must also be mindful of how recruitment decisions are made.
Questions about pregnancy, plans to have children, childcare responsibilities or maternity intentions should not form part of the recruitment process. Even informal comments can create risk if a candidate believes they influenced the decision.
A safe recruitment process should focus on the role, the skills required, objective selection criteria and clear records of why decisions were made.
This is especially important for SMEs where interviews can feel more conversational. A friendly conversation can still create a compliance issue if the wrong questions are asked.
Practical steps employers should take now
Employers should make sure managers understand the protections that apply during pregnancy, maternity leave and return to work. Many compliance issues arise not because a business intends to act unfairly, but because managers do not realise that different rules apply.
A good starting point is to review:
Pregnancy and maternity policies
Redundancy procedures
Recruitment and interview guidance
Manager training
Risk assessment processes
Absence management procedures
Return-to-work processes
Flexible working procedures
Documentation and decision-making records
For businesses without an internal HR team, this can feel like a lot to manage. However, getting the basics right can significantly reduce the risk of grievances, tribunal claims, employee relations issues and reputational damage.
Why this matters for SMEs
Pregnancy and maternity issues are highly sensitive and often emotionally charged. They also carry significant legal risk if handled badly.
For business owners and managers, the key message is simple: do not make assumptions, do not rush decisions and do not treat pregnancy-related matters as standard absence, performance or redundancy issues.
Take advice early, document decisions clearly and make sure your managers know when to pause and seek support.
At Castle HR & Training Solutions, we support SMEs with practical, compliant HR advice that protects both the business and its people. Whether you need a full review of your HR documentation, support with a redundancy process, manager training or help navigating the incoming Employment Rights changes, we work as an extension of your business to provide clear, commercially focused support.
Join us on 25 June
We are hosting an event on 25 June in partnership with Castle Employment Solutions covering the upcoming Employment Rights changes and how to recruit without risk.
This session is designed for business owners, senior leaders and managers who want to understand what is changing, what it means in practice and how to strengthen their HR and recruitment processes before issues arise.
Book your free space here: https://www.eventbrite.co.uk/e/going-for-growth-risk-reforms-recruitment-tickets-1989833985014
