The Employment Rights Bill has taken longer to become law than was originally expected. We do now seem to be in the final stages of the process and, on 23 October, the first of the consultations promised in the UK Government's implementation roadmap were published.
Consultations
A link to the consultations, a brief overview of what they cover, the period that they are running for, and the expected date of implementation of the rights they create, or update are set out below.
Bereavement leave (including pregnancy loss)
This consultation seeks views on the practical details of implementing the right to bereavement leave. This will be a day-one right to unpaid leave for employees who experience the loss of a loved one, including in the first 24 weeks of pregnancy. It considers eligibility criteria, when and how the leave can be taken, and the notice and evidence requirements. Although the pregnancy loss entitlement is legislatively part of the bereavement leave framework, at times the consultation document considers them separately. The consultation is open for response until 15 January 2026. According to the implementation roadmap, the new right is not intended to be implemented until 2027.
Make Work Pay: Consultation on leave for bereavement including pregnancy loss
Enhanced dismissal protections for pregnant women and new mothers
This consultation seeks views on enhanced protection for pregnant women, mothers on maternity leave, and mothers for at least a six-month period after they return from maternity leave. It considers the current five potentially fair reasons for dismissal and whether they should continue to apply to pregnant women and new mothers in their current form; whether the availability of each of the reasons should be narrowed and/or removed entirely; or whether a new, tailored test should be introduced to assess the fairness of dismissals for any of the five reasons. Views are also sought on additional action that could be taken to tackle any workplace disadvantage triggered by pregnancy and maternity. This consultation is also open for response until 15 January 2025. The enhanced right is expected to come into force in 2027.
Consultation on enhanced dismissal protections for pregnant women and new mothers
Right of trade unions to access workplaces
The UK Government has set out that they want to see employers continue to agree and use voluntary arrangements for union access to workplaces. However, the new right set out in the Bill establishes a statutory right for unions to access workplaces and to communicate with workers in person and digitally. This consultation seeks views on how unions should request access rights to workplaces and how employers ought to respond. It also asks for views on factors the Central Arbitration Committee will take into account when deciding whether access should be granted and how it should decide on the value of fines issued for breach of the right. This consultation can be responded to until 18 December 2025. The implementation timetable indicates that the right of access will be brought into force in October 2026. A further consultation on a statutory Code of Practice that will contain practical guidance for both unions and employers is scheduled to take place in spring 2026.
Make Work Pay: Right of trade unions to access workplaces
Duty to inform workers of their right to join a trade union
The Employment Rights Bill provides for a new right to be informed of the right to join a trade union. This is to be done by requiring employers to give workers a statement making clear that they have such a right. This consultation seeks views on how that duty should work in practice. This includes looking at the form and content of the statement, the manner in which it must be delivered, and the frequency with which it must be reissued. This consultation can also be responded to until 18 December 2025. The implementation roadmap indicates the duty to inform will come into effect in October 2026.
Consultation on duty to inform workers of their right to join a trade union
What should employers be doing?
Employers of all sizes should be taking this opportunity to have their views heard on how these new rights will work in practice. These are the first consultations of many to be published in the coming months, and we will continue to highlight the consultations as they are published.
