However, it is clear that absolute protection against dismissal during pregnancy is both undesirable and unworkable: it would prevent employers from dismissing in cases of gross misconduct, fundamental breach of trust and confidence, or criminality. Pregnancy dismissal exceptions and procedures must therefore carve out permissible grounds whilst maintaining robust protection against discriminatory dismissals. Striking this balance through secondary legislation will be challenging.
Part of the problem here is that much is already covered by discrimination law, and it is hard to see the particular mischief that the Act seeks to cure. Implementation must carefully codify exceptions and evidential rules to prevent overreach or confusion. Consultation on "specified circumstances" for permissible dismissal, start and end of protection, and coverage of other family leaves is ongoing, with implementation expected in 2027.