An Update On The Employment Rights Bill

Reasons to choose Wilson Browne

The Government released a well anticipated update concerning the implementation of the Employment Rights Bill (‘the Bill’) in July.

That update included a ‘roadmap for delivering change’, which sets out the stages of consultation and implementation of the Bill’s proposed new measures.

Following that development, it was widely touted that the bill would be passed by the House of Lords on 28 October paving the way for the bill to become law in November. The House of Lords had other plans however and the bill is continuing its rally between the House of Lords and the House of Commons so that amendments, previously rejected, can be re-considered. Those amendments predominantly relate to how day one rights for dismissal will work and whether there will be a six months’ grace period, and zero hours contracts – including factoring in seasonal workers.

Whilst we continue to wait for further developments on the bill, the following consultations have been published.

Consultation 1: Leave for bereavement (including pregnancy loss)

Under the Bill, the Government is proposing there will be a day one right to unpaid bereavement leave. This would be for the loss of a “loved one” and pregnancy loss before 24 weeks.

The consultation seeks to ask what relationships should be defined within the category of a “loved one” – should this cover immediate family, extended family and/or close friends?

For pregnancy loss, the consultation seeks to ask whether leave should be limited to just the person who was pregnant, or include partners, among others. It also seeks to clarify the types of pregnancy loss which should be captured by the Bill.

The proposed suggestion is for a minimum of one week’s unpaid leave within 56 days of loss. The consultation invites feedback as to whether this should be longer, whether 56 days of loss is too short and whether the leave should be taken in one block or over time.

The consultation also seeks to clarify if, and when, notice should be given to an employer by an employee, and whether any evidence should be provided.

The closing date for this consultation is 15 January 2026.

Consultation 2: Right of trade unions to access workplaces

The Bill contains a new statutory duty on employers to allow trade unions to access the workplace for certain purposes.

The consultation seeks to understand from both sides of the coin:

The trade union’s side – what form their request should take, how it should be submitted and what information it must include.
The employer’s side – how they should respond to the request, the time limits to do so, and whether a request can be refused or negotiated.

The consultation invites feedback as to what types of access should be included under the Bill, for example physical or digital/online access, and what penalties should be imposed for breaches of access agreements.

The closing date for this consultation is 18 December 2025.

Consultation 3: Duty to inform workers of their right to join a union

The Bill contains a new statutory duty on employers to inform workers of their legal right to join a trade union. This will be in the form of a statement from their employer.

The consultation seeks to establish what should be considered the ‘basics’ of this statement:

Content – what should the statement say?
Form – how should the statement be made? Either as a separate document or as part of an employment contract?
Service – when and how should the statement be served on the worker?
Frequency – does the statement need to be reissued annually or only once?

The closing date for this consultation is 18 December 2025.

Consultation 4: Enhanced dismissal protections for pregnant women and new mothers

The Government is proposing to add an additional layer of protection for pregnant women, mothers on maternity leave and mothers who have returned to work for at least a 6-month period, as the Bill would make it unlawful to dismiss them, except in specific circumstances.

From an employee’s perspective:

The consultation seeks views on making sure pregnant women and new mothers are aware of the policy;
Whether these additional protections will apply to other types of family-related leave for example adoption leave and shared parental leave; and
What other changes could be made to tackle pregnancy and maternity discrimination.

From an employer’s perspective:

The consultation seeks to understand whether the current grounds for a lawful dismissal (misconduct, capability, redundancy, a legal reason or ‘some other substantial reason’) should continue to apply or whether a new, stricter test should be implemented;
How to best support businesses through the change; and
How to mitigate against any unintended consequences e.g. employers being reluctant to recruit women of child-bearing age.

The closing date for this consultation is 15 January 2026.