Employment Rights Bill: Government announces consultations

The UK Government has launched a series of consultations on reforms under the Employment Rights Bill (ERB), forming part of its broader ‘Make Work Pay’ agenda.

The consultations cover family rights and proposed trade union changes, including:

1. Bereavement leave including pregnancy loss
2. Trade union access to workplaces
3. Duty to inform workers of their right to join a trade union
4. Enhanced dismissal protections for pregnant women and new mothers

In this article, we set out an overview and details of how businesses and workers can respond to provide their views.

1. Bereavement leave including pregnancy loss

Launch Date: 23 October 2025
Closing Date: 15 January 2026

Make Work Pay: leave for bereavement including pregnancy loss – GOV.UK

Clause 18 of the ERB introduces a day-one right to unpaid bereavement leave, including for pregnancy loss before 24 weeks. The consultation seeks views on eligibility, which relationships should be covered (e.g. immediate family, extended family, close friends), types of loss covered, and the structure of the entitlement- currently proposed to be a minimum of one week within 56 days of the loss. Feedback is invited on extending the duration or window, allowing flexible leave (e.g. in smaller units), and on notice and evidence requirements.

2. Right of trade unions to access workplaces

Launch Date: 23 October 2025
Closing Date: 18 December 2025

Make Work Pay: trade union right of access – GOV.UK

The ERB introduces a statutory right for trade unions to access workplaces -physically and digitally-to support, represent, and organise workers. The consultation seeks views on how this right should operate, including the process for access requests (proposed to be made directly and in writing), the information required in such requests, the role of the Central Arbitration Committee (CAC), enforcement mechanisms such as fines, and exemptions for small employers. These details will be set out in secondary legislation.

3. Duty to inform workers of their right to join a trade union

Launch Date: 23 October 2025
Closing Date: 18 December 2025

Make Work Pay: duty to inform workers of right to join a union – GOV.UK

This consultation introduces a new duty requiring employers to inform workers of their legal right to join a trade union via a written statement. It seeks views on the statement’s content, format, delivery method (direct or indirect), and how often it should be reissued after employment begins, aiming to raise awareness and strengthen collective representation.

4. Enhanced dismissal protections for pregnant women and new mothers

Launch Date: 23 October 2025
Closing Date: 15 January 2026

Make Work Pay: enhanced dismissal protections for pregnant women and new mothers – GOV.UK

The ERB introduces enhanced protections against dismissal for pregnant women and new mothers, making it unlawful to dismiss them during pregnancy, maternity leave, and for at least six months after returning to work- except in specific circumstances. The government is seeking views on what those circumstances should be, including whether dismissals should be permitted for reasons such as conduct, capability, redundancy, statutory prohibition, or other substantial reasons. It also explores when protections should begin and end, whether they should extend to other new parents (e.g. those on Adoption or Shared Parental Leave), and how to ensure affected individuals are aware of their rights. Additionally, the consultation invites feedback on how best to support businesses through the transition, mitigate unintended consequences, and consider further reforms to tackle pregnancy and maternity discrimination.

These consultations represent a significant overhaul of UK employment law, aiming to create a more equitable, secure, and supportive working environment. Stakeholders, including employers, unions, legal professionals, and the public are encouraged to participate.

How we can help

Our employment law team is advising clients on how to prepare for the Employment Rights Bill and its forthcoming regulations. If you would like assistance with compliance planning, policy reviews, or training, please get in touch.

For more in-depth guidance or support on The Employment Rights Bill, book a free 30-minute consultation with a member of our Employment team today.

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This content is correct at time of publication