UK Employment Insights: Navigating the New Landscape – A Deep Dive into the Employment Rights Bill Consultations

Génevie Kuiper-Isaacson, Senior Associate

Génevie Kuiper-Isaacson is a tri-qualified lawyer specialising in employment law. She started her career in South Africa, where she ran her own firm, before moving to a prominent commercial firm in London. She has extensive experience advising both employees and employers in relation to a wide range of matters, including unfair dismissal, sex discrimination, pregnancy/ maternity discrimination, disability discrimination, race discrimination, TUPE, whistleblowing, grievance and disciplinary process, settlement negotiations, redundancies, enforcement and defence of restrictive covenants and corporate advisory and training.

The Labour Government has published the latest round of its promised consultation papers on the Employment Rights Bill, part of its “Make Work Pay” initiative. The government is inviting employers, employees, and trade unions to shape the practical and operational details of its proposed changes to employment law.

These consultations cover four key areas of the Employment Rights Bill: enhanced dismissal protections for pregnant employees and new mothers, a new statutory right to bereavement leave, a duty for employers to inform workers of their right to join a trade union, and a new framework for trade union access to workplaces.

1. Enhanced protections for pregnant employees and new mothers

A cornerstone of the Employment Rights Bill is the proposal to make it unlawful to dismiss an employee who is pregnant, on maternity leave, or has returned from maternity leave within the past six months, except in specific, yet-to-be-defined circumstances. In seeking to tackle the persistent issue of pregnancy and maternity discrimination, which sees thousands of women leaving their jobs each year, the consultation strikes a delicate balance between the need for more robust protection and the operational needs of businesses.

Key questions under consideration include:

• When should protection begin and end? The consultation is exploring whether protections should be a “day one” right. The government’s preferred approach is for protection to last for 18 months following the child’s birth, extending the period currently applicable to redundancy protections.
• What constitutes a fair dismissal? Two illustrative options are being explored: a new, stricter fairness test, under which an employer might have to prove a dismissal is necessary to “avoid serious harm to the organisation”, and a more radical proposal, which would restrict or remove the applicability of the five potentially fair reasons for dismissal under the Employment Rights Act 1996 (conduct, capability, redundancy, illegality, and some other substantial reason). For example, ‘conduct’ could be limited to gross misconduct only, and ‘capability’ (poor performance) could potentially be removed entirely as a valid reason for dismissal during the protected period.
• Should protections be extended? The government is also asking whether equivalent protections should apply to other parents returning from family-related leave, such as adoption or shared parental leave.

The consultation acknowledges the risk of unintended consequences, such as a potential reluctance among employers to hire women of child-bearing age if the new rules are perceived as too restrictive.

2. A new right to bereavement leave

For the first time, the Employment Rights Bill proposes a statutory right to at least one week of unpaid bereavement leave for employees who lose a close relative. This will be a day-one right and will also cover pregnancy loss before 24 weeks of gestation. This measure formalises what is often an informal practice, providing a legal safety net for grieving employees.

The consultation is seeking views on:

• Eligibility: The definition of a “close relative” is being considered, with options ranging from immediate family to extended family, foster carers, and even close friends. For pregnancy loss, the consultation asks who should be eligible beyond the person who physically experienced the loss.
• Duration and Flexibility: The proposed minimum period of leave is currently one week, but the consultation asks if two weeks or a different duration would be more appropriate, and whether this should vary based on the relationship to the deceased. It also explores whether the leave must be taken in a single block or can be split.
• Notice and Evidence: The practicalities of how and when an employee should notify their employer and whether evidence of bereavement can be required are also under review.

3. Duty to inform workers

Two of the four consultations focus on significantly strengthening the role and visibility of trade unions in the workplace. These proposals represent a major shift in the UK’s approach to collective bargaining and employee representation.

First, the Employment Rights Bill will introduce a new duty on employers to inform workers of their right to join a trade union. This information must be provided in a written statement at the start of employment and periodically thereafter. The consultation is exploring the content and format of this statement and how often the statement should be delivered. The government’s preference is for a standardised template to be delivered annually.

4. Statutory access rights

The Bill also proposes to establish a statutory right for trade unions to access workplaces, both physically and digitally, to communicate with workers. Currently, such access depends on voluntary agreements with employers. The new framework will allow unions to make a formal request for access to a workplace, with a defined timeline for employers to respond (five working days) and negotiate (15 working days). In the event that an agreement cannot be reached between employers and unions, the Central Arbitration Committee (CAC) will adjudicate. The consultation proposes exempting employers with fewer than 21 workers from this framework and outlines the potential for substantial fines for non-compliance, reaching up to £150,000 for repeated breaches (though the banding remains subject to consultation).

The path forward

These consultations signal a clear intent from the government to reshape the employer-employee relationship, introducing new protections and rebalancing rights. However, although proposals are broad, implementation detail is still subject to consultation outcomes. For employers, these changes will necessitate a thorough review of existing policies on dismissal, family leave, and industrial relations. While many of the proposals aim to codify best practices, they also introduce new administrative responsibilities and potential legal risks.

The deadlines for responding are 18 December 2025 for the trade union measures. The consultations on enhanced dismissal protection and bereavement leave close on 15 January 2026.