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The government has launched consultations on key Employment Rights Act changes, covering bereavement leave, enhanced protections for pregnant workers, and trade union rights, giving employers insight into upcoming changes and likely compliance requirements.
Employment Law & HR|06 November 2025
Insight
The government has now published four consultation papers on the forthcoming new laws. This gives employers some idea of what the new rules might look like and what changes will need to be made.
The four separate consultations cover:
Looking at each of these in more detail, the consultations seek views on the following:
Eligibility; notification and evidence requirements and duration of leave within what timeframe.
For example- can the partner of a woman who has a miscarriage take bereavement leave- or should it be limited to the person who physically experiences the loss? Does the right to take leave include those who have undergone a failed IVF round or a medical termination? What relationships are covered by loss- partners, relatives, friends? What evidence can employers ask for?
What test will be applied as to “fairness” of any dismissal and what exceptions will there be? What about things like gross misconduct or capability? Will the right apply to other parents eg those on adoption leave or shared parental leave? When should the “protected period” begin and end?
This part of the consultation seeks views on practical matters such as what form the statement should take and how it should be delivered e.g. within the contract, issued once or regularly revisited? Does the employer need to give information about how to join and which trade unions it recognises?
The consultation seeks views on how this will work in practice and whether the right will be in person or, for example, digital. What will Unions be allowed to do- e.g. recruit members, hold meetings, facilitate collective bargaining? What are the penalties for an employer who refuses to let a Union in? What powers will the CAC (the Central Arbitration Committee) have to enforce agreements?
There are also questions over what notice must be given and how often a request can be made, as well as how long an access agreement will last.
We understand that initial fines for employers in breach are being considered at £75,000 which doubles for any repeated breach.
The consultations on the duty to inform workers of their right to join a trade union and on the rights of unions to access workplaces close on 18 December 2025.
The consultations on bereavement leave and enhanced dismissal protection for pregnant women and new mothers close on 15 January 2026.
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Have questions about the new Employment Rights Act changes? Call us on 0330 123 9501 or fill in the form below, and our expert employment law solicitors will be on hand to advise.
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