The UK Government has published four consultations relating to the Employment Rights Bill, which seeks to strengthen workers’ rights. If the proposed changes go ahead, they will have a significant impact on workplaces.
To follow is a summary of the consultations, including deadlines for responding. Businesses and workers are being invited to share their views.
Consultation 1: Leave for bereavement (including pregnancy loss)
The government is proposing a new statutory right to unpaid bereavement leave, available from the first day of employment.
This would apply to the loss of a loved one and pregnancy loss occurring before 24 weeks. A public consultation is underway to gather views on key aspects such as who should be eligible, how long the leave should last, how flexible it should be, and what notice or evidence might be required.
The consultation is open till 15 January 2026. Regulations and guidance will be developed based on the feedback received.
The consultation covers which relationships should qualify - ranging from immediate family to close friends. For pregnancy loss, it asks whether leave should be limited to the person who was pregnant or extended to partners, intended parents (for example adoptive parents), and those involved in surrogacy. Various types of pregnancy loss, including miscarriage, ectopic or molar pregnancy, IVF-related loss, and medical terminations are also considered.
The proposed minimum entitlement is one week of unpaid leave, to be taken within 56 days of the loss. Feedback is also being sought on whether this period should be longer, and whether the leave should be taken all at once or can be split into smaller segments.
The consultation asks how much notice should be required and whether any form of evidence should be needed. It acknowledges that asking for proof in cases of pregnancy loss could be distressing or impractical.
While many employers already offer compassionate leave on a voluntary basis, the government is seeking input on whether setting consistent minimum standards and issuing guidance would be beneficial.
Consultation 2: Right of trade unions to access workplaces
Trade unions currently lack a general independent right to access workplaces, unless they are already recognised by an employer in which case it may be set out in a Recognition Agreement. Their activities are limited to engaging through individual union members on site or through access arrangements voluntarily agreed with the employer.
This consultation invites views from workers, business and the public on how unions should request access, and how employers will respond.
Among the questions it asks are what kinds of information should be contained within access requests from the trade union and how parties should notify the Central Arbitration Committee (“CAC”) (which determines disputes over union recognition) that access has been agreed. It also seeks views on whether the proposed timeframe of 15 working days for the employer and trade union to negotiate the terms of an access agreement is reasonable.
The government is inviting feedback on the level of financial penalties the CAC should be able to impose on non-compliant employers. It has proposed an initial fine capped at £75,000, rising to £150,000 for repeated breaches.
The consultation is open till 18 December 2025.
Following the consultation, the provisions will be set out in secondary legislation. Additionally, the government plans to launch a further consultation in spring 2026 on a new statutory Code of Practice concerning trade union access rights. This Code will outline best practice and offer practical guidance for both employers and trade unions on how access should be managed.
Consultation 3: Duty to inform workers of their right to join a union
Separate to, but linked, with the consultation on union access to workplaces, it is proposed that every worker will receive a statement from their employer detailing that they have a legal right to join a union.
This consultation seeks views on how this duty should work in practice – what the statement should say, if it should be a standardised document, how it should be given, and how often the statement should be delivered, with the intention that this duty starts by October 2026. The government wants to empower workers to participate in collective bargaining if they choose to do so but also not overly burden employers.
The consultation is open till 18 December 2025.
Consultation 4: Enhanced dismissal protections for pregnant women and new mothers
The final consultation focuses on proposals that would make it unlawful to dismiss pregnant employees, those on maternity leave, and those who have recently returned to work - unless specific exceptions apply.
The protection would extend for at least six months after returning to work, and the consultation seeks input on how this should operate in practice.
The consultation explores which existing legal grounds - such as misconduct, capability, redundancy, statutory restrictions, or other substantial reasons - should still apply to pregnant employees and new mothers. It also asks whether a stricter legal test should be introduced for dismissals during this protected period.
Views are sought on when the protection should begin (e.g. from the point the employee informs the employer, or from the start of pregnancy) and how long it should last after returning to work - whether it should be six months post-return or up to 18 months from the child’s birth.
The government is considering whether to extend these protections to other parents, including those taking adoption leave or shared parental leave, and how best to raise awareness of these rights.
The consultation also asks how businesses can be supported through these changes and how to avoid unintended consequences, such as discouraging the recruitment of women of childbearing age.
Responses are invited by 15 January 2026. Once the consultation closes, the government will finalise the regulations and publish accompanying guidance.
