The government has opened four significant consultations under the Employment Rights Bill (to become the Employment Rights Act 2025 in due course). Below is an overview of each consultation and what it could mean for employers.
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Right of trade unions to access workplaces
Deadline: 18 December 2025
Read the consultation paper here ›
This consultation sets out a new statutory duty on employers to allow trade unions access to workplaces for certain purposes. The aim is to strengthen workers’ ability to receive union information and engage with representatives.
Key issues for consultation include:
- Form of request: What information unions must provide to make a legitimate access request, and how this should be submitted.
- Employer response: How employers should respond, including time limits for acknowledging or deciding on requests, and the grounds on which access can be refused or negotiated.
- Dispute resolution: The proposal is for the Central Arbitration Committee (CAC) to determine disputes and set the terms of access.
- Scope and terms of access: This could include physical access to premises, digital access to workers, and the ability to distribute information or hold meetings during working hours.
- Enforcement and sanctions: The consultation sets out a proposed framework for penalties where access obligations are breached, and invites views on enforcement mechanisms, sanction levels, and appeals.
The final framework will set out how access rights and employer interests are balanced, supported by enforcement measures.
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Duty to inform workers of their right to join a union
Deadline: 18 December 2025
Read the consultation paper here ›
The Employment Rights Bill introduces a new statutory duty on employers to inform workers of their legal right to join a trade union.
Key issues for consultation include:
- Content of the statement: What the statement should cover (e.g. the right to join a union, protections for union membership/activity, and contact details).
- Form of the statement: Whether the information should be delivered as a separate document or integrated into written particulars of employment, and whether paper, digital, or both formats should be used.
- Manner and timing of delivery: When the statement should be issued — at the start of employment, on contractual change, or at regular intervals.
- Frequency of re-issuance: Options include annual re-issue, re-issue upon certain employment events, or a one-time communication.
- Implementation: The consultation seeks views on how to ensure compliance in a way that is effective but proportionate, particularly for smaller employers. The government suggests October 2026 as a potential implementation date.
The consultation aims to shape regulations that balance effective communication of workers’ rights with practical business considerations.
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Enhanced dismissal protection for pregnant women and new mothers
Deadline: 15 January 2026
Read the consultation paper here ›
The government is consulting on proposals to make it unlawful to dismiss pregnant employees, those on maternity leave, and those within six months of returning to work, except in specific circumstances. This would significantly strengthen existing protections.
Key issues for consultation include:
- Circumstances for lawful dismissal: The consultation explores which existing dismissal grounds (such as conduct, capability, redundancy, statutory prohibition, or some other substantial reason) should continue to apply, and whether a stricter test should be introduced.
- Timing: The government is seeking views on when enhanced protection should begin (e.g. when the employer is informed of the pregnancy or from its start) and how long it should last after return to work (six months or up to 18 months from birth).
- Scope: Consideration is being given to extending protections to other parents, such as those on adoption or shared parental leave, and how to raise awareness of these rights.
- Business impact: The consultation looks at how to support employers in implementing these changes and how to mitigate unintended consequences, such as concerns around recruitment of women of child-bearing age.
Regulations are expected following the consultation, alongside detailed guidance for employers.
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Unpaid Bereavement Leave (including pregnancy loss)
Deadline: 15 January 2026
Read the consultation paper here ›
The government has proposed a new statutory entitlement to unpaid bereavement leave, available from day one of employment. The right would cover both the death of a “loved one” and pregnancy loss before 24 weeks.
Key issues for consultation include:
- Eligibility: Which relationships should qualify – immediate family only, or extended family and close friends as well? For pregnancy loss, the consultation considers whether leave should be limited to the person who was pregnant or extended to partners, intended parents, and surrogacy arrangements.
- Types of pregnancy loss: The proposals cover miscarriage, ectopic or molar pregnancy, IVF embryo transfer loss, and medical terminations.
- Leave duration and timing: A minimum of one week of unpaid leave within 56 days of the loss is proposed. Views are sought on whether to extend the duration or the time window, and whether the leave should be taken in one block or flexibly.
- Notice and evidence: The government is seeking views on what notice should be required and whether evidence should be necessary. It acknowledges the sensitivity of pregnancy loss and the impracticality of requiring proof in many cases.
- Business impact: Many employers already offer compassionate leave, but the aim is to establish consistent minimum standards and clear guidance.
Responses are invited from employers, HR professionals, unions, and individuals. The government will issue draft regulations and guidance following the consultation.
What employers should do now
These consultations represent some of the most significant employment law developments in recent years, with wide-ranging implications for HR policies, employee relations, and operational practice.
Employers should:
- Review their current compassionate leave and dismissal policies.
- Consider how new union-related duties may affect communication and employee engagement strategies.
- Respond to the consultations to help shape the practical detail of the legislation.
All four consultations are open now, with deadlines in December 2025 and January 2026.