Opportunity to have your say: the Government launches 4 ERB consultation papers

On 23 October 2025, the UK Government published four consultation papers under the Employment Rights Bill (ERB), aimed at strengthening workplace protections and promoting fair treatment for workers. These consultations form part of the “Make Work Pay” initiative and aim to modernise workplace protections, improve transparency, and strengthen workers’ rights across the UK.

The consultations cover:

• Bereavement leave (including pregnancy loss)
• Enhanced dismissal protections for pregnant women and new mothers
• A new duty for employers to inform workers of their right to join a trade union
• Trade union access to workplaces

Each consultation invites views from employers, employees, and stakeholders, with deadlines ranging from December 2025 to January 2026. Here's a summary of each proposal and what to look out for.

1. Bereavement leave including pregnancy loss

Deadline: 15 January 2026

The ERB introduces a day-one statutory right to unpaid bereavement leave, including for pregnancy loss before 24 weeks - a significant expansion beyond current statutory entitlements.

Key points under consultation:

• Which relationships should qualify for bereavement leave
• Types of pregnancy loss that should be covered
• Duration and flexibility of leave (e.g. continuous vs. split blocks)
• Notice and evidence requirements (likely to be minimal)

Employer considerations:

Prepare for a statutory framework that may require compassionate and flexible leave policies. The inclusion of early pregnancy loss reflects growing recognition of its emotional impact, and employers may wish to consider putting in place a miscarriage policy ahead of the changes – the Miscarriage Association has useful resources on this.

2. Enhanced dismissal protections for pregnant women and new mothers

Deadline: 15 January 2026

The Government is consulting on options to make it harder to dismiss pregnant women, women on maternity leave and maternity leave returners. It's considering making it automatically unfair to dismiss these staff except in specific circumstances where there is a serious risk to the business or other staff, or alternatively narrowing the list of potentially fair reasons for dismissal (set out in the Employment Rights Act 1996) for those staff. 

Key points under consultation:

• What constitutes fair dismissal during the protected period (e.g. redundancy, conduct, capability)
• When protections should start and end
• Whether similar protections should apply to other types of family leave (e.g. adoption, shared parental leave)
• How to raise awareness and support employers
• Risks of unintended consequences (e.g. hiring hesitancy, potential unfairness to other staff)

The consultation paper highlights problems with both options under consideration and it's not clear how they intend to proceed.

Employer considerations:

Ensure dismissal decisions are well-documented and legally justified. Review internal processes and prepare for broader protections across family leave types.

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

Deadline: 18 December 2025

The ERB introduces a new duty on employers to provide workers with a written statement affirming their legal right to join a trade union, as part of its goal to achieve wider trade union representation.

Key points under consultation:

• What the statement should contain (e.g. union functions, rights, recognised unions)
• Whether the statement should be standardised or employer-drafted (with the Government proposing a standard template to which employers could add workplace-specific details)
• How and when it should be delivered (e.g. on joining, annually)
• Whether delivery should vary by sector

Employer considerations:

The purpose of this change is to increase workforce awareness of the right to join a trade union (and, implicitly, the benefits of doing so). It's part of a package of reforms, including the right of access discussed below, intended to increase trade unions' role in UK workplaces. Employers should consider how to integrate union rights messaging into onboarding and internal communications. More importantly, they will need to ensure that they understand the legal framework of trade union rights and consider how they wish to approach requests for access and recognition. 

4. Trade union right of access to workplaces

Deadline: 18 December 2025

The ERB proposes a statutory right for trade unions to access workplaces, both physically and digitally, to engage with workers (most likely with a view to securing recognition for collective bargaining purposes).

Key points under consultation:

• How unions should request access and how employers should respond
• Role of the Central Arbitration Committee (CAC) in resolving disputes
• Timeframes for responses and negotiations - these are expected to be short (e.g. 5 working days to respond to a union's access request)
• Exemptions for small employers (fewer than 21 workers)
• Fines for non-compliance (up to £75,000 or £150,000 for repeat breaches)

Employer considerations:

The Government's proposals will place employers under pressure, with tight timeframes for responding to access requests and then seeking to negotiate an agreement before the CAC gets involved. Employers should consider in advance which (if any) unions are likely to seek access, what issues are likely to be a focus for campaigning and collective bargaining, and what the practicalities of access will be. The ERB and consultation make it clear that employers are expected to facilitate access, so blanket refusals are unlikely to be an effective strategy in the long run. 

Final thoughts

These consultations underline the shift which the ERB will represent, with a clear focus on worker protections and an increased role for trade unions. Employers should:

• Review the proposals carefully
• Consider submitting responses to shape the final legislation
• Begin assessing internal policies and processes for compliance

Our team is closely monitoring developments and can assist with drafting consultation responses or reviewing your employment policies in light of the proposed changes.