Employment Rights Bill Update
Understanding the Consultations Behind the Employment Rights Bill
The government’s Employment Rights Bill (ERB) is moving through Parliament and could soon bring major changes to workplace law.
Before it becomes law, the government has launched several consultations — asking for real feedback from employers, employees and HR professionals on how the new rules should work in practice.
For business owners, this is your chance to prepare early and even have your say before the details are finalised.
Key Consultations You Should Know About
1. Unpaid Bereavement Leave (Including Pregnancy Loss)
The government is proposing a new statutory right to unpaid bereavement leave, available from the first day of employment. The government’s consultation explores whether this right should cover both the death of a “loved one” and pregnancy loss before 24 weeks.
They’re seeking feedback on:
- Who should be eligible (family, close friends, partners affected by pregnancy loss)
- How long the leave should last
- How flexible the leave should be
What this means for you:
Many businesses already show compassion during difficult times. This law would ensure a consistent standard across all workplaces — and your input can help shape how it works.
2. Stronger Protection for Pregnant Employees and New Mothers
Another consultation proposes to extend protection from dismissal during pregnancy and after returning from maternity leave — potentially up to 18 months after birth. The consultation invites views on when protection should begin — from notification or from the start of pregnancy — and whether similar rights should be extended to other parents taking adoption or shared parental leave.
The government is asking:
- When protection should begin (from notification or from pregnancy start)
- Whether it should include adoption or shared parental leave
- What grounds for dismissal should still apply
What this means for you:
These changes could affect how you handle redundancies or performance issues involving staff returning from leave.
3. Duty to Inform Workers of Their Right to Join a Trade Union
Employers may soon have a legal duty to inform, via statement, all workers about their right to join a trade union. The government is seeking views on what the statement should say, when and how it should be issued, and how often it should be re-issued.
The consultation covers:
- What information should be included in the notice
- When and how it should be given
- Whether it should be in digital or paper form
What this means for you:
You may need to update your onboarding documents, offer letters, or employee handbooks to stay compliant.
4. Trade Union Access to Workplaces
The final consultation explores giving trade unions statutory access to workplaces for specific purposes — potentially including online access. The government has put together questions on how unions should make access requests, what information must be provided and how employers should respond — including how long they have to decide or negotiate terms.
The government is asking:
- How unions should request access
- How employers should respond and within what timeframe
- What penalties might apply for non-compliance
What this means for you:
If your business hasn’t worked with trade unions before, this could introduce new steps and responsibilities.
Deadlines and Next Steps
The Trade Union consultations close on the 18th December 2025 and the two family-friendly rights consultations close on 15th January 2026.
- Read the consultation summaries on GOV.UK.
Make Work Pay: trade union right of access – GOV.UK
Make Work Pay: duty to inform workers of right to join a union – GOV.UK
Make Work Pay: enhanced dismissal protections for pregnant women and new mothers – GOV.UK
Make Work Pay: leave for bereavement including pregnancy loss – GOV.UK
- Submit your views if you’d like to influence the outcome.
- Review your HR policies — especially around bereavement, maternity, and employee communication.
These changes reflect a growing focus on fairness, compassion and employee protection — but they also mean new compliance duties for employers. Acting now helps you stay one step ahead.
How HR:4UK Can Help
At HR:4UK, we’re tracking every stage of the Employment Rights Bill to help businesses stay informed and compliant.
You can:
- Subscribe to our Employment Law Updates to get alerts straight to your inbox.
- Contact our team for tailored advice on how the consultations could affect your business.
Stay proactive — not reactive — and make sure your business is ready for the next stage of employment law reform.
Angela Clay
A qualified employment law solicitor and our managing director, Angela has unparalleled legal expertise and decades of experience and knowledge to draw from. She’s a passionate speaker and writer that loves to keep employers updated with upcoming changes to legislation, and is a regular guest speaker on BBC Leicester Radio.
