Employment Rights Bill: bereavement leave reforms confirmed
The Employment Rights Bill has received Royal Assent, becoming the Employment Rights Act 2025. Following a public consultation, the Government has confirmed how several major reforms will work in practice, including a new right to bereavement leave.
In this blog, our employment law solicitors explain what’s been confirmed so far, and where consultation is ongoing.
Recap: key changes within the Employment Rights Bill
The Employment Rights Bill was first published in October 2024 as phase one of Labour’s ‘Plan to Make Work Pay’. The Government then published timings for the proposed new employment rules in July 2025. You can learn more about the roadmap for the Employment Rights Bill here.
The Government launched consultations for four major areas of reform:
- Bereavement leave
- A duty to inform workers of their right to join a union
- The right for trade unions to access workplaces and to communicate with workers in person or digitally
- Enhanced dismissal protections for pregnant workers and new mothers
Most of these are now confirmed, or are closer to being confirmed.
Bereavement leave changes from April 2027
The new law: day-one right to unpaid bereavement leave
From April 2027, eligible workers in England, Wales and Scotland will have a day-one right to two weeks of unpaid bereavement leave. The entitlement covers the loss of a spouse or partner, parent, adult child or sibling. It also extends to step, half, adoptive, foster and kinship care relationships.
Pregnancy loss
One of the most important changes is that workers who experience pregnancy loss before their 24th week of pregnancy are also covered. Currently, employees have the right to two weeks of paid Parental Bereavement Leave and Pay if they or their partner loses a child up to the age of 18 or has a stillbirth after 24 weeks of pregnancy.
The consultation considered what types of pregnancy loss should qualify, including miscarriage, ectopic pregnancies, molar pregnancies, IVF embryo transfer loss and medical terminations.
We have now had confirmation that the following are included:
- Miscarriage
- Termination
- Unsuccessful IVF embryo transfer
How much bereavement leave can I take?
Eligible workers will be entitled to up to two weeks of unpaid leave. This can be taken flexibly within 56 weeks of the loss, as individual days or in one block.
What about Northern Ireland?
Parental bereavement leave and pay already extends to cover miscarriage (as of April 2026), and it is paid rather than unpaid.
A note for employers
The existing right to two weeks’ paid parental bereavement leave for the loss of a child or a stillbirth after 24 weeks remains unchanged. This is a new, separate entitlement.
Employees will not be required to provide evidence of their bereavement.
Confirmed changes from 30th October 2026
A duty to inform workers of their right to join a union
What’s changed?
The Government felt there was a lack of awareness amongst the UK’s workforce of their right to join a trade union and, as a result, a “lack of engagement in collective bargaining”.
From 30th October 2026, there is a new statutory duty on employers to inform workers (within a statement) of their legal right to join a trade union. Employers must provide new starters with a written overview of what a trade union does and their statutory rights around union membership. Existing staff should be told before the 30th October enforcement date.
Currently, employees and workers can join a union and be legally protected in doing so. However, employers are not legally required to inform them of this right.
The right for trade unions to access workplaces and to communicate with workers in person or digitally
The Government has confirmed that, from 30th October 2026, trade unions have the right to access workplaces and can communicate with those who are not already members, in person or digitally.
Currently, trade unions do not have the right to access workplaces and can operate through individual trade union members in the workplace, or when agreed with the employer.
How employers should respond to access requests
This change applies to employers with 21 or more workers. Employers have 15 working days to respond to a trade union access request, and the response must provide the specified information. You can read more about the Code of Practice for trade union access here.
What to do next
Whether you are an employer or an employee, everyone is encouraged to share their views on these key changes to employment law. Your views can help ensure these significant new employment rights work for you and your workforce.
Not yet confirmed: enhanced dismissal protections for pregnant workers and new mothers
The consultation on this closed in January 2026, but no outcome has been published.
Recap on the current law
Under the Equality Act 2010, it is unlawful to discriminate against someone because they are pregnant or because they are, or have been, on maternity leave. Despite this, maternity and pregnancy discrimination remain an issue in the UK, and so the Government is looking to strengthen dismissal protections.
What’s changing?
New legislation will make it unlawful to dismiss pregnant workers, those on maternity leave and those who return to work after maternity leave for at least six months after they return, except in specific circumstances.
The consultation
The Government sought views on when enhanced protection should begin and whether the existing grounds are sufficient or whether a stricter test should apply for employers. The current grounds for dismissal are:
- Conduct
- Capability
- Redundancy
- Statutory prohibition
- Another ‘substantial reason’ (SOSR)
In addition to pregnant employees and maternity leave returners, consultation is open to whether other parents should be included, such as those taking shared parental leave.
Get in touch with our employment lawyers
For practical advice about these changes or anything else employment law related, whether you’re an employee or an employer, get in touch.
Call our employment lawyers on 0117 325 2929 or fill out our online enquiry form.
