Despite significant progress toward gender equality, women in Scotland continue to face a number of structural challenges in the workplace. Improvements have been made in areas such as equal pay, maternity protections and anti-discrimination law. However, issues including the gender pay gap, pregnancy and maternity discrimination, and the disproportionate impact of insecure or flexible working arrangements remain prevalent.
The recently enacted Employment Rights Act 2025 represents one of the most significant reforms to UK employment law in recent years. The reforms could have important implications for workplace equality, including the gender pay gap in Scotland. While many of the Act’s provisions are expected to be introduced gradually over the coming years, several of its reforms may be particularly relevant for female employees.
Strengthening Security and Fairness at Work
A central aim of the reforms introduced by the Employment Rights Act 2025 is to strengthen security and fairness in the workplace. Women are statistically more likely to work in part-time, temporary or lower-paid roles, often due to caring responsibilities. Measures designed to improve job security and strengthen protections against unfair dismissal may therefore have a disproportionate positive effect on women in the workforce.
Proposals to extend certain employment rights from the first day of employment could also provide greater protection for employees who might otherwise find themselves vulnerable during the early stages of a role.
Flexible Working and Caring Responsibilities
Flexible working is another key area where reform is expected to have a meaningful impact. These arrangements are critical for many women who balance employment with childcare or other caring responsibilities. Changes aimed at making flexible working easier to request and harder for employers to refuse may help to normalise flexible arrangements across the workforce.
Importantly, this has the potential to shift flexible working from being perceived primarily as a concession for mothers to a standard way of organising work for employees more generally.
Pregnancy and Maternity Protections
Enhanced protections relating to pregnancy and maternity may also play an important role within the broader reform agenda. Pregnancy and maternity discrimination remains one of the most commonly reported forms of workplace discrimination affecting women.
Strengthening protections against dismissal during pregnancy, maternity leave and the period following a return to work could provide greater reassurance for employees navigating these significant life stages.
Addressing the Gender Pay Gap
The reforms introduced by the Employment Rights Act 2025 may also contribute indirectly to addressing the gender pay gap. While pay transparency and reporting requirements already exist for larger employers, broader employment protections and improved job security can support women’s long-term participation and progression within the workforce. In turn, this may help to reduce pay disparities over time.
Looking Ahead
Legislation alone cannot eliminate workplace inequality. Cultural change within organisations remains essential. Employers must continue to focus on inclusive policies, supportive leadership and fair progression opportunities. Nonetheless, legislative reform provides an important framework within which these cultural shifts can take place.
As the reforms introduced by the Employment Rights Act 2025 continue to be implemented, both employers and employees will be watching closely to understand how the changes may affect workplace rights, responsibilities and organisational practices. If implemented effectively, the reforms could represent a meaningful step toward creating workplaces where women are able not only to participate but to thrive.
Our previous article The Employment Rights Bill Roadmap: What Can We Expect And When? takes a look at the various stages of implementation.
