Employment Rights Bill: Consultations Launched

Employment Rights Bill: Consultations Launched | Friday 5 December 2025 | 6 min read

The government has launched four Employment Rights Bill consultations, including two relating to family-friendly rights and two relating to trade union rights and access

Pregnant Women

The government has initiated a consultation to explore the implementation of enhanced dismissal protections for pregnant women and new mothers, defined as those who have given birth within the past 18 months.

This consultation outlines two potential approaches for when dismissals should be allowed. One option is to introduce a new, stricter general test of fairness, which would be considered alongside the existing five potentially fair reasons for dismissal. Alternatively, it suggests a more limited application of the current reasons in cases involving pregnant women or new mothers.

The consultation also invites opinions on the timing of the enhanced protection period, including its start and end, and whether a qualifying service period should be required.

While primarily focused on women returning from maternity leave, the consultation also examines other family leave types and how enhanced dismissal protection might apply to employees taking or returning from such leave. This includes statutory adoption leave, shared parental leave, neonatal care leave, and bereaved partner’s paternity leave (not yet in force).

The government seeks feedback on raising awareness of new rights among women and employers, supporting businesses through these changes, mitigating unintended policy consequences, and additional measures to combat pregnancy and maternity discrimination.

The consultation will conclude on 15 January 2026.

Leave for Bereavement

The Employment Rights Bill aims to amend section 80EA of the Employment Rights Act 1996, which currently addresses parental bereavement leave. This amendment will broaden the scope to include general bereavement, covering pregnancy loss before 24 weeks. The specifics of this new right will be detailed in forthcoming regulations.

The consultation, which will shape these regulations, is divided into three sections:

• Eligibility: It seeks input on the relationships that should qualify for bereavement leave, such as immediate family (i.e. parents, adult children, siblings, including adoptive and step-relationships), extended family (i.e. aunts, uncles, cousins, grandparents, grandchildren, and in-laws), or broader connections (i.e. foster parents, kinship carers, or close friends). It also questions which types of pregnancy loss should be included, such as miscarriage, ectopic and molar pregnancies, terminations, and IVF transfer loss, and considers eligibility for those not directly experiencing the pregnancy loss.
• When and How Leave Can Be Taken: This section explores the amount of bereavement leave available, whether it should be consistent across all situations, the timeframe for taking leave, and whether it must be taken in one block or can be divided into weeks or days.
• Notice and Evidence Requirements: It addresses the notice period required (if any), whether notice should be formal or informal, and whether evidence of entitlement should be necessary, such as a written declaration or other proof.

The consultation closes on 15 January 2026, with responses accepted online, by email, or by post.

Trade Unions’ Right to access the workplace

On 23 October 2025, the government released its consultation titled “Make Work Pay: Right of Trade Unions to Access Workplaces.”

This consultation explores the new right under the Employment Rights Bill, allowing trade unions to access workplaces to meet, support, represent, recruit, or organise workers, and to facilitate collective bargaining. It seeks feedback on the operational details of this right, including:

• Procedures and timeframes for requesting access, responding to requests, and negotiating access agreements.
• Factors the Central Arbitration Committee (CAC) should consider when determining access terms if an agreement is not reached.
• How the CAC should decide on fines for breaches of access agreements.

The consultation will close on 18 December 2025. A draft Code of Practice will be consulted on in Spring 2026, with the new law anticipated to take effect in October 2026.

Duty to Inform Workers of Right to Join a Union

The Employment Rights Bill (ERB) will introduce a new section 136A into the Trade Union and Labour Relations (Consolidation) Act 1992. This section will mandate employers to provide workers, both at the start of their employment and at other times, with a written statement informing them of their right to join a trade union.

On 23 October 2025, the government launched a consultation titled “Make Work Pay: Duty to Inform Workers of Right to Join a Union,” seeking input on how to implement this requirement effectively while minimising the burden on employers. The consultation covers:

• Content of the Statement: The government suggests the statement should include an overview of trade union functions, a summary of statutory rights for trade union members, a list of recognised trade unions (if any), and a link to a GOV.UK page listing current trade unions.
• Form of the Statement: The consultation asks whether the statement should be a standard version provided by the government or one drafted by employers according to content requirements. The government prefers a standard statement issued by employers, with only workplace-specific details added.
• Delivery Method: The government favours delivering the statement directly alongside the statement of employment particulars to new workers. It proposes that employers should have the flexibility to deliver the statement to existing workers through direct or indirect methods.
• Frequency of Reissue: The consultation offers three options: every six months, annually, or a sector-specific frequency. The government proposes that if delivered directly, the statement should be issued annually to existing workers, and if delivered indirectly, annual reminders should be sent.

The consultation will close at 11.59 pm on 18 December 2025.

Delays to Zero-Hour Contracts and Unfair Dismissal Rights consultations

Despite the consultation process for many policy changes being underway, on 24 November 2025, it was announced that consultations on the use of zero-hour contracts and day-one unfair dismissal rights won’t begin until after the Employment Rights Bill receives royal assent.

The consultations were originally scheduled to take place in the Autumn of 2025, as it was anticipated that the Bill would have received royal assent by this time.

The delay is primarily down to disagreements between the government and the House of Lords on four key policy areas, as discussed above. With the Bill set to return to the House of Commons for further debate, it is unclear when to expect the Bill to receive royal assent.

 

If you would like advice on how these changes may affect your business, please contact our team for support and practical advice.