UK: Employment Rights Bill: New Consultations Launched

Authors: Stephen Miller, Sophie Jackson, and Charlotte Stern

The UK Government has launched four consultations to gather feedback on four areas of reform.

The UK Government has launched the following consultations:

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

The ERB introduces a duty on employers to inform workers of their legal right to join a union. Consultation questions include what the statement should contain, how and when it should be delivered, and whether it should be digital or paper based.

• Trade union access to workplaces

The ERB proposes a statutory duty for employers to allow union access for defined purposes. The consultation about this seeks input on what form the union’s request should take, how employers should be required to respond including time limits and whether they should be able to refuse or negotiate terms, and dispute resolution mechanisms.

• Unpaid bereavement leave (including pregnancy loss)

The ERB proposes a statutory right to unpaid bereavement leave from day one of employment, covering the death of a loved one and pregnancy loss before 24 weeks. The consultation seeks views on eligibility (eg what relationships it should apply to), duration, flexibility, and notice/evidence requirements.

• Enhanced Dismissal Protection for Pregnant Women and New Mothers

When implemented, the ERB will make it unlawful to dismiss employees who are pregnant, on maternity leave or within six months of their return to work except in limited circumstances.  The consultation explores start/end points of protection, exceptions (e.g. redundancy), and whether to extend to other parents.

 

These first two consultations will close on 15 January 2026.

 

 

Key Action Points for Human Resources and In-house Counsel

Following the conclusion of each consultation process, the Government will need to consider the input received, before publishing its response and draft regulations.  In its own Roadmap, the Government has said that “…Engagement and consultation will inform policy development. Following consultation, Government will develop final policy positions to deliver our measures. In some instances, this will be regulations, in others it will be guidance or Codes of Practice by the Government or others such as Acas.”

Given that the Government says that some measures may require more than one round of consultation, it seems likely there will be some slippage on the implementation timetable.   Check back in with our tracker for details of the planned timings.