Daunted by the changes proposed by the Employment Rights Bill?

Concerned by the practical implications some of the measures might bring?

Whilst the Bill hasn’t yet received Royal Assent, the government has now kicked off the consultation process for some of the measures that are due to come into effect in April 2026.

This is an opportunity for employers to have their say and help influence the shape of the regulations and so we encourage you to engage with and respond to the consultations.

Currently, the following consultations are live:

Enhanced dismissal protections for pregnant women and new mothers

• The government proposes legislation which will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a 6-month period after they return – except in specific circumstances
• The consultation seeks views on how the protection should work in practice: when it should start and end, what exceptions should apply, and whether to include other parents.
• Responses are invited by 15 January 2026.
  
  

Leave for bereavement, including pregnancy loss

• The government plans to introduce a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.
• The consultation seeks views on eligibility, duration, flexibility, notice and evidence requirements
• Responses are invited from employers, unions, HR professionals and individuals by 15 January 2026, with regulations and guidance to follow after analysis.
  
  

Duty to inform workers of right to join a union

• The government plan to introduce a new duty on employers to give a written statement to their workers, informing them of their right to join a trade union at the start of their employment.
• The consultation looks to invite comments on the content and form of the statement, the manner and timing of the delivery, the frequency of reissuing the statement, and the practical implementation and burden on employers.
• Consultation is due to close on 18 December 2025.
  
  

Trade union rights of access

• Lastly, the government has planned a new framework for trade unions to access workplaces physically, and to communicate with workers in person or digitally.
• The consultation asks for opinions on the form of the request for access, how the employers should respond, how to deal with disputes, the scope and terms of access and lastly, how enforcement and sanctions would work.
• Consultation is due to close on 18 December 2025.

There are further consultations expected later this year for other reforms, but for now… speak now, or forever hold your peace! Visit Make Work Pay - GOV.UK