Employment Rights Bill Reforms – Government Launches Four Consultations

Samer Cheaitou
Solicitor
View Profile

The following four consultations have been launched by the Government on new rights and protections that will be introduced by the Employment Rights Bill (the Bill):

Right of trade unions to access workplaces

This consultation considers the new right of access for trade unions whereby they will have the statutory right to access workplaces physically, and to communicate with workers digitally and in person. The rationale behind this new right is that it will allow trade unions to meet, support, represent, recruit or organise workers, and will facilitate collective bargaining.

The consultation seeks views on the practicalities and operational details of this new framework and closes on 18 December 2025.

Duty to inform workers of their right to join a trade union

The Bill will introduce a new duty on employers to provide a written statement to their workers which informs them that they have the right to join a trade union.

This consultation seeks views on how this duty can be implemented effectively while minimising the burden on employers. It closes on 18 December 2025.

Enhanced dismissal protections for pregnant women and new mothers 

The Bill will make it unlawful to dismiss pregnant women, mothers on maternity leave and new mothers within a period of at least 6 months from their return to work, save for in specific circumstances.

The consultation is seeking views on whether each of the existing potentially fair reason for dismissal (conduct, capability, redundancy, breach of statute or ‘some other substantial reason’) should continue to apply to these women. It also seeks views on whether the availability of each of these potentially fair reasons should be narrowed and/or removed entirely, or whether new tailored tests should be introduced. It closes on 15 January 2026.

Leave for bereavement including pregnancy loss

The final consultation seeks views on the new ‘day-one right’ to unpaid bereavement leave which is being introduced by the Bill. This right will apply to employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. It considers the practicalities of implementing this right, including eligibility criteria, notice requirements, duration of leave and timeframes in which leave can be taken. It also considers the types of pregnancy loss in scope.

If you have any questions about the Bill, or if we can provide support or assistance on any other employment law matter, please do not hesitate to contact a member of the team on 0141 331 5150.