Employment Rights Bill: Government publishes consultations

The government has launched a series of consultations to gather feedback on how certain aspects of the Employment Rights Bill should operate in practice. While the Bill – expected to become law this November – sets out the overarching framework for reform, much of the detail will be determined through separate regulations. The responses to these consultations will play a key role in shaping those regulations.    

Each consultation addresses a distinct area of employment law reform, inviting views from stakeholders across the labour market.

Duty to inform workers of their right to join a union

The first consultation explores the implementation of a new statutory duty requiring employers to inform workers of their right to join a trade union. Under the proposed Employment Rights Bill, employers will be obligated to provide a written statement at the start of employment and periodically thereafter. The consultation seeks input on the format, content, delivery method, and frequency of these statements. 

You can respond online until 18 December 2025. 

Trade union right of access to workplaces

A second consultation addresses the legal framework for trade unions to access workplaces. The proposed reforms will allow unions to engage with workers both physically and digitally. The consultation invites views on how unions should request access, how employers should respond, and the criteria the Central Arbitration Committee (CAC) should apply when adjudicating access disputes. It also considers the enforcement mechanisms and penalties for breaches of access agreements. 

You can respond online until 18 December 2025.

Enhanced dismissal protections for pregnant women and new mothers

The third consultation focuses on bolstering protections against dismissal for pregnant women and new mothers. The proposed legislation will make it unlawful to dismiss women during pregnancy, maternity leave, and for six months after returning to work, except in defined circumstances. The consultation seeks views on the scope of these protections, including whether they should extend to other parents such as those returning from adoption or shared parental leave. It also considers how to raise awareness of the new rights and support businesses in implementing them effectively.

You can respond online until 15 January 2026

Bereavement leave including pregnancy loss

The final consultation introduces a new statutory entitlement to unpaid bereavement leave, including for pregnancy loss before 24 weeks. This day-one right aims to provide employees with the time and space to grieve without fear of job insecurity. The consultation invites feedback on eligibility criteria, types of pregnancy loss covered, timing and duration of leave, and evidence requirements. The government is particularly interested in hearing from individuals with lived experience, charities, and employers to ensure the policy is compassionate and workable.

You can respond online until 15 January 2026. 

Will there be other consultations?

We expect the government to launch further consultations in due course. You can find more information about the anticipated timelines for these consultations – and when the wider reforms are likely to effect – in our article ‘Timeline: when will the Employment Rights Bill come into force’. 

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