Consult and Deliver: the Employment Rights Bill and how the upcoming reforms will be implemented in practice

The ink on the Employment Rights Bill (ERB) may not yet be dry, but much of the detail surrounding how these reforms will be introduced and work in practice (in the form of future regulations) is now being considered. The Government has committed to seeking views on these, and has now launched its first series of four consultations.

These cover the topics of: enhanced protections for pregnant employees and new mothers, the new bereavement leave entitlement, trade union access and awareness of union rights.

See our other recent articles for more on the key changes contained in the ERB, or the ongoing debate in relation to making unfair dismissal a day one right. 

Enhanced Protections for Pregnant Employees and New Mothers

The ERB will strengthen protections from dismissal during or after a protected period of pregnancy, expanding the current protected period and introducing the classification of maternity as a protected characteristic.

The consultation explores how such protections could be applied. 

Proposals include introducing a stricter test of fairness, restricting fair dismissal to cases involving safety risks, serious business detriment, or adverse effects on others’ wellbeing. 

The scope could also be narrowed so that conduct dismissals are limited to gross misconduct, and capability and redundancy dismissals further constrained. 

Views are also sought on extending protections to parents returning from other types of leave, such as adoption leave, though paternity leave is not considered.

This consultation closes on 15 January 2026.

Bereavement Leave, Including Pregnancy Loss

The ERB introduces a day one right to unpaid bereavement leave, extending entitlement to include pregnancy loss before 24 weeks. This expands the current statutory parental bereavement leave regime which currently allows up to two weeks’ paid leave following the death of a child under 18 or stillbirth after 24 weeks.

This consultation seeks views on eligibility for this new right to bereavement leave, including the definition of a “loss of a loved one” and whether chosen family should be included, types of pregnancy loss that qualify and whether leave may be limited to the person who physically experiences the loss. It also explores duration, timing and notice or evidence requirements. 

This consultation closes on 15 January 2026.

Trade Union Access

The Government is consulting on introducing a statutory right for trade unions to access workplaces and communicate with workers, with a view to recruiting and organising them and facilitating collective bargaining. Under the proposals, unions would be required to request access from employers; if no agreement is reached within the set timeframe, either party could refer the matter to the Central Arbitration Committee for a decision. 

Views are sought on how this process should work, and on proposed penalties of up to £75,000 for an initial breach and £150,000 for repeat offences.

The consultation closes on 18 December 2025.

A secondary consultation on the supporting statutory code is expected in spring 2026, with implementation of these provisions of the ERB expected in October 2026.

Duty to Inform Workers of Union Rights

Employers will be required to inform workers of their right to join a union from October 2026. Employers may be required to provide written statements explaining trade union roles and employees’ right to join, without promotional content. Proposals suggest that new employees would receive statements directly, while existing staff could be informed via indirect methods such as communal noticeboards. Feedback is also being sought on the statements’ content, and the frequency of reminders. 

This consultation also closes on 18 December 2025, with legislation expected by October 2026.

For more information on how we can support you to support your employees, please contact the Employment Team.