Ahead of the forthcoming amendments to the Employment Rights Bill taking effect, the Government have published a number of Consultation papers to gather stakeholder views. Below, we take a closer look at these Consultation Papers and provide links for those who wish to submit a response:

• Unpaid bereavement leave, including Pregnancy Loss

• Enhanced dismissal protections for pregnant women and new mothers

• Duty to inform Workers of their right to join a Trade Union

• Right of Trade Unions to Access Workplaces

Consultation on new statutory right to unpaid bereavement leave, including Pregnancy Loss

The Employment Rights Bill will amend the Employment Rights Act to extend the current provisions in relation to Parental Bereavement Leave to bereavement more generally and to include pregnancy loss before 24-weeks, from day one of employment.

The details of the changes will be dealt with by way of Regulations and the Government’s Consultation paper seeks views on this to draft such Regulations.

The Consultation, ‘Leave for bereavement including pregnancy loss’, considers three key areas:

• Eligibility

This section requests views on who should be eligible to take Bereavement Leave in terms of the type of relationship with the deceased, such as immediate family, extended family or wider relationships that may include close friends.

This sections also asks about pregnancy loss and what types of loss should be covered such as miscarriage, ectopic and molar pregnancies, IVF embryo transfer loss and medical terminations, and who else should be eligible for such leave (whether this should extend beyond the employee that has suffered the pregnancy loss).

• When and how leave can be taken

The Employment Rights Bill currently states a minimum of one-week’s unpaid Bereavement Leave to be taken within 56-days of the loss. This section of the Consultation asks for views on whether the leave should be increased and the time period for taking the leave should be extended, as well as whether this should be different depending on the circumstances. Views are also requested in relation to whether this leave should be taken in one block or whether it should be allowed to be taken in multiple blocks. 

• Notice and evidence requirements

In this section, the Government seek views on the period of notice that should be given to employers and looks at the form of giving notice, such as whether this should be given in writing or whether a telephone call or text message should suffice.

Views are also sought on whether any evidence should be required in order to take such leave, and if so, what form such evidence would take, whilst acknowledging that requiring proof could be both impractical and distressing.

Responses to the Consultation can be submitted online, by email or by post and this closes on 15 January 2026.

Consultation on enhanced dismissal protections for pregnant women and new mothers

The Employment Rights Bill promises enhanced protection for pregnant women and new mothers (defined by the Consultation as, those that have given birth in the last 18-months), and this Consultation seeks views on how this should be implemented.

The first consideration under the Consultation considers when the dismissal of a pregnant women or new mother should be allowed, and whether this should be subject to a new, and stronger, test of fairness or by way of narrowing the existing ‘fair’ reasons (those fair reasons being Conduct, Capability, Redundancy, Statutory Ban and Some Other Substantial Reason (SOSR)) for pregnant women and new mothers.

The second consideration outlined in the Consultation asks for views on when the period of enhanced protection should begin and when it should end – should this be six-months following the mother’s return to work or 18-months from birth? The Consultation also asks whether the pregnant woman or new mother should have to have a qualifying period of service to be eligible for such protection.

The Consultation also looks at other types of Family Leave (such as Adoption Leave, Shared Parental Leave, Neonatal Care Leave and Bereaved Partner’s Paternity Leave (although not yet in force)) and how enhanced dismissal protection should apply to those returning from Family Leave.

The Government is interested in hearing opinions on how the new rights are communicated to those affected and businesses can be supported through the change, as well as any unintended consequences that may arise as a result of the policy and any steps that could be taken to mitigate this and to deal with pregnancy and maternity discrimination in general.

Responses to the Consultation can be submitted online, by email or by post and this closes on 15 January 2026.

Consultation on Duty to inform Workers of their right to join a Trade Union

The Employment Rights Bill will place a statutory duty on employers to inform workers of their right to join a Trade Union in a written statement.

This Consultation seeks views on:

• What the statement from the employer should include

Proposals include the statement giving a summary of what a Trade Union does, the Statutory rights to join a Trade Union and the rights of Trade Union members, a list of Trade Unions that are recognised by the employer an signposting to the government website that lists the current Trade Unions. 

• The form of the statement

The government consultation appears to favour the approach of a standardised statement that is issued by the government, but views are requested on whether the statement should instead be drafted by each employer in accordance with the issued requirements.

Views are also requested in relation to whether the statement should be a separate document or part of the written particulars of employment, and whether the statement should be on paper, digital, or both.

• The manner and timing of the statement

The government favour a statement that is given to new workers alongside their statement of written particulars of employment and that the information should be given to existing workers through both direct and indirect methods, but views are sought on this.

• How often the statement should be re-issued

Views are requested on three options that are given in the Consultation as to when the statement should be re-issued following the outset of the employment, that being every six-months, annually or a set frequency depending on the sector.

• The practicalities of implementing the requirement   

The Consultation also asks for views on how employers can implement the new requirement in a way that doesn’t cause immense burden on employers.

The government has stated their intention for this new requirement to be effective from October 2026, and views are sought on this time frame.

Responses to the Consultation can be submitted online, by email or by post and this closes on 18 December 2025.

Consultation on right of Trade Unions to access workplaces

The Employment Rights Bill will place a new statutory duty on employers to allow Trade Unions to access the workplace for specific purposes such as for meeting, supporting, representing, recruiting and organising workers, or to facilitate collective bargaining. It is intended that this new duty will be effective from October 2026.

This Consultation seeks views on:

• The formalities of requesting access

• The employer’s response

• The procedure when agreement is not reached and how to deal with disputes

• How the Central Arbitration Committee should decide on sanctions

Responses to the Consultation can be submitted online, by email or by post and this closes on 18 December 2025.