Government launches four consultations on Employment Rights Bill reforms

As part of its implementation roadmap, the UK government has initiated a series of consultations on select reforms outlined in the Employment Rights Bill (ERB).

The first four consultations include:

• Enhanced dismissal protections for pregnant employees and new mothers: the key issues under consultation focus on when and how pregnant women and new mothers can be dismissed, including whether each of the current potentially fair reasons for dismissal (e.g. conduct, redundancy) should be narrowed or removed altogether in the circumstances. The government is also seeking views on when protections should start and end. This consultation closes on 15 January 2026. Find out more here.
  
  
• Bereavement leave including pregnancy loss: This consultation seeks stakeholder views on the proposal to create a new right to unpaid bereavement leave. It is suggested that this right should be available to all employees from day-one and exercised when they experience the loss of a loved one. The Government has also proposed that this right be available to those who experience pregnancy loss before 24 weeks. Stakeholders are asked for their views on eligibility requirements for this right, for example, what relationships should allow such leave to be taken, how and leave this type of leave could be taken and whether notice and evidence should be required. This consultation closes on 15 January 2026. Find out more here.
  
  
• Duty to inform workers of right to join a union: The ERB proposes to establish a legal right of trade unions to access workplaces, both physically and, where relevant, digitally, to meet, support and recruit workers. This consultation seeks views on how unions should request access, how employers would respond, and how agreements for access should be enforced if they are breached. This consultation also closes on 18 December 2025. Find out more here.
  
  
• Trade union right of access: This consultation seeks stakeholder views on introducing a new legal requirement for employers to provide workers with a written statement of their right to join a trade union. The consultation explores key questions, including when and how often employers should give this information and what form the statement should take. It does not invite views on whether the duty should be introduced, as this has already been decided, rather focusing on the practical details of this right. This consultation closes on 18 December 2025. Find out more here.

What next? 

On 28 October 2025, the House of Lords declined to accept the House of Commons’ latest version of the Bill and instead proposed additional changes. The Bill will now pass back to the House of Commons for further debate. The timing of this next stage is yet to be confirmed. The Bill will only proceed to Royal Assent and become law once both Houses reach agreement on its final form. However, commentary suggests that several measures will come into force soon after the bill receives Royal Assent. These include:

• Protections against dismissal for taking part in industrial action;
• Simplification of industrial action notices and ballot notices;
• Removal of the ten-year requirement for trade union political funds; and
• Repeal of the Strikes (Minimum Service Levels) Act 2023 and most of the Trade Union Act 2016.

Additionally, it is expected that some changes relevant to trade unions will come into force two months after Royal Assent including the lowering of turnout and support thresholds for industrial action. 

Consultations on trade union measures, tipping laws, collective redundancies and flexible working are expected to be opened between Winter 2025 and the beginning of 2026. Thereafter, further provisions, including the day one rights to paternity leave and unpaid parental leave, improved whistleblowing protections and removal of the lower earnings limit and waiting period for Statutory Sick Pay, are expected to be implemented in April 2026. 

The remainder of the ERB is expected to be implemented between October 2026 and early 2027. 

If you want to learn more about the ERB upcoming changes, join us for our next free employment law lab webinar. 

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