The Government has launched the following four consultations on the detail in respect of rights to be introduced by the Employment Rights Bill. These are on:
The deadline for submitting responses is 18 December 2025 (Trade union access and the duty to inform workers of their right to join a trade union) and 15 January 2026 (Bereavement leave and enhanced protection for pregnant workers and new mothers).
The right of trade unions to access workplaces
The Employment Rights Bill (ERB) introduces a new framework for trade unions to access workplaces in order to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining.
The consultation seeks views on the details including:
- how unions will request access
- how employers respond
- factors the Central Arbitration Committee (CAC) will take into account when determining whether access should be granted and on what terms
- how the CAC is to come to decisions on the values of fines issued for breaches of access agreements
The duty to inform workers of their right to join a trade union
The ERB introduces 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 and at other times.
The Consultation seeks views on the detail of how this right will apply in practice and in particular:
- The form the statement should take.
- The content of the statement.
- The manner in which the statement must be delivered (direct or indirect).
- The frequency with which the statement must be reissued after the beginning of employment
Leave for bereavement including pregnancy loss
Currently, only employees who lose a child up to the age of 18 or have a stillbirth after 24 weeks of pregnancy have a statutory entitlement to time off from work for bereavement. The ERB extends the right to bereavement leave by introducing 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:
- Who should be eligible
- When and how bereavement leave can be taken
- The procedural requirements for accessing bereavement leave
Enhanced dismissal protections for pregnant women and new mothers
The Government intends to introduce regulations which will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers for at least six months after they return to work - except in specific circumstances.
The Consultation seeks views on
- What those ‘specific circumstances’ for being able to dismiss a pregnant
- woman or new mother fairly should be.
- When the protections should start.
- Any potential unintended consequences attached to the policy and how to
- mitigate against any of these.
- How to best support businesses through the change; and
- Other detail regarding who should be covered by the policy and for how long.
