Government launches first round of Employment Rights Bill Consultations

The Government has launched the first round of consultations on how measures within the Employment Rights Bill should work in practice, covering protections for pregnant women and new mothers, bereavement leave and trade union reforms.

‘Phasing consultation’ was a key part of the Government’s ‘Roadmap to Implementation’, which indicated many measures will be consulted on the detail of policy and implementation between Summer 2025 and early 2026.

In summary, the four issues that will be addressed are:

1. Enhanced dismissal protections for pregnant women and new mothers (legislation which will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a 6-month period after they return – except in specific circumstances),
2. Leave for bereavement, including pregnancy loss (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),
3. Duty to inform workers of right to join a union (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),
4. Trade union right of access (a new framework for trade unions to access workplaces physically, and to communicate with workers in person or digitally)

Trade unions have responded to this update:

Matt Wrack, General Secretary of NASUWT – The Teachers’ Union, said:

We welcome this further step forward by the Government in moving towards delivering on its promise to boost workers’ rights and create the conditions where all workers are treated with respect and dignity at work.

This Government has made much of the need for enhanced economic growth and that agenda depends on having a secure employment rights framework that protects all workers from discrimination and where the workforce has a stronger voice at work.

New and improved rights for parental and bereavement leave, flexible working and new measures to tackle workplace discrimination have been long overdue and in education are vital to tackling the teacher recruitment and retention crisis.

However, legislation alone is not enough to create the culture change we need. The Government must in parallel also bring forward statutory measures to introduce stronger enforcement of workers’ rights and action against unscrupulous employer practices.

Mike Clancy, General Secretary of Prospect union, responding to the launch of the government’s consultations on the implementation of aspects of Make Work Pay, said:

Changes to the employment rights of pregnant women, new mothers and those who have been bereaved are an essential part of making work fair.

No one should have to suffer the pain of pregnancy loss without protected time off work to grieve, and no one should suffer employment detriment purely because of having a child.  Making these changes work will create a labour market in the UK that is fit for the 21^st century.

It is also welcome that trade unions will be given better access to workplaces. Too many people are denied the full benefit of union membership because of obstructive employers. Employers which have a healthy relationship with their trade union get as much benefit from the arrangement as workers. These changes will level the playing field and facilitate far more people having access to the proven advantages collective bargaining brings.

It is important that we are now moving to detailed conversations about implementation – this must include more resources for organisations like the CAC and Acas to ensure these changes are meaningful, workable, and lead to improved industrial relations.”