Employment Rights Bill: public consultation now open
The Government has opened public consultations on proposed changes in the Employment Rights Bill.
Anyone is eligible to share their views on the proposals, which will affect several key areas of employment law in the UK.
Employment Rights Bill: key changes
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 read our blog about the roadmap for the Employment Rights Bill here.
The Government has launched consultations for four major areas of reform. These are:
- Bereavement leave
- Enhanced dismissal protections for pregnant workers and new mothers
- 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.
Unpaid bereavement leave
The current law
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.
What’s changing?
The Government plans to introduce a new statutory right to one week of unpaid bereavement leave from day one of employment. Unpaid bereavement leave would cover the death of a loved one and pregnancy loss before 24 weeks.
The consultation
What constitutes a ‘loved one’?
The Government is seeking views on which relationships should qualify when it comes to the loss of a ‘loved one’:
- Immediate family;
- Extended family; and/or
- Close friends.
Pregnancy loss: who’s included?
For pregnancy loss, the Government is looking for views on whether bereavement leave should only be for the person who was pregnant or include others, such as:
- Partners;
- Intended parents; and
- Those in surrogacy arrangements.
Consultation is also open to what types of pregnancy loss should qualify, e.g.
- Miscarriage;
- Ectopic pregnancies;
- Molar pregnancies;
- IVF embryo transfer loss; and
- Medical terminations.
Length of time off
The Government is seeking feedback on whether one week of bereavement leave is enough or should be longer, and whether it should be taken in one block or in smaller units.
Giving notice
Views are sought on how much notice employees should give their employer, bearing in mind the sensitive and distressing nature of pregnancy loss.
Give your views on bereavement leave here by 15th January 2026
Enhanced dismissal protections for pregnant workers and new mothers
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
What are these specific circumstances?
The Government is seeking views on 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)
When should enhanced protection begin?
Views are sought on when this enhanced protection should start; e.g. when the employee tells their employer they are pregnant, and how long that protection, once they return to work, should last.
Who should be protected?
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.
Give your views on enhanced dismissal protection here by 15th January 2026
A duty to inform workers of their right to join a union
The current law
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.
What’s changing?
The Government recognises a lack of awareness amongst the UK’s workforce of their right to join a trade union and, as a result, there is a “lack of engagement in collective bargaining”.
It is proposed that the Employment Rights Bill will include a new statutory duty on employers to inform workers (within a statement) of their legal right to join a trade union.
The consultation
What should the statement say?
Consultation is sought on what the employer’s statement should include, e.g should it simply inform them of their right to join a union or should it also include details of their protections.
What form should the statement take?
Consultees are encouraged to share feedback on how this statement should be delivered, i.e. digitally, physically or both.
Feedback is also sought on when the statement should be given to the worker; for example, at the start of their employment with their contract and/or reissued at various points during their employment.
Give your views on trade union communication here by 18th December 2025
The right for trade unions to access workplaces and to communicate with workers in person or digitally
The current law
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.
What’s changing?
The Government is proposing that trade unions could have the right to access workplaces and to be able to communicate with those who are not already members in person or digitally.
The consultation
How to request access
Views are sought on how trade union access should be requested and how it can be proven as legitimate.
How employers should respond to access requests
Employers are encouraged to share their views on how requests should be submitted and the time limits for responding to requests from trade unions. Views are also welcomed on what should constitute a refusal and how any dispute arising from this should be dealt with.
Types of access
Consultees are asked to share what types of access should be allowed. For example, physical access and/or online.
Give your views on trade union access here by 18th December 2025.
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.
Further information
Our Employment Law team looks forward to a further update once consultation closes, and we will update you as and when this happens. In the meantime, for practical employment law advice for you or your business, get in touch.
Call our employment lawyers on 0117 325 2929 or fill out our online enquiry form.