First published on Thursday, October 30, 2025
Last updated on Thursday, October 30, 2025
The House of Lords sat for considerations of the Employment Rights Bill this week. And while it’s been passed back to the House of Commons, key reforms are still on the cards for businesses.
Right now, the Employment Rights Bill is in the middle of a Parliamentary ping-pong. The houses can’t agree on new unfair dismissal rules. Both sides need to come to an agreement before the Bill becomes law.
While the Bill will introduce sweeping employment reforms, the legislation only outlines the general principles and broad requirements. It’s the statutory regulations that fill these gaps. That’s why the UK Government has launched four consultations this October on some of the changes laid out in the Bill.
These consultations offer a chance for employers and the public to weigh in on the government’s proposals before they come into effect. They cover proposed changes to trade union rights, enhanced protections for pregnant workers and new mothers, and statutory bereavement leave.
Consultation one: Enhanced dismissal protections for pregnant women and new mothers
Another big change: extended rights of pregnant women and new mothers. Enhanced dismissal protections will make it unlawful to dismiss pregnant women, mothers on maternity leave and those who return to work for at least six months except in specific circumstances.
In this consultation, the government will be seeking out opinions on what those circumstances should be. Proposals include two options:
1) A new general fairness test for dismissals of pregnant employees or new mothers
2) Narrowing the scope or removing some of the fair dismissal reasons for pregnant employees or new mothers
There will also be an opportunity to share views on redundancy dismissals. Where there isn’t a suitable alternative role, a redundancy will only be fair if new strict criteria are met.
The deadline for this consultation is 15th January 2026. Have your say here.
How you can prepare: Check your paperwork and policies to ensure they comply. If you’re worried about how to proceed, you can access HR and employment law advice 24/7 with BrightHR.
Consultation two: Leave for bereavement, including pregnancy loss
This consultation focuses on a proposed new day-one right to unpaid bereavement leave, including for pregnancy loss before 24 weeks.
The government will be seeking out views on proposals for one or two weeks of unpaid leave to be taken within 56 days, 52 weeks or 56 weeks of the death. Notice and evidence requirements for employees will also be consulted.
This consultation will also close on 15th January. Have your say here.
How you can prepare: If you don’t have a bereavement leave policy, we’ve got up-to-date and legally compliant templates you can personalise to your business. And if you do have a leave policy, it’s always worth checking if your current policies are up to scratch.
Consultation three: Right of trade union access to workplaces
This consultation will be seeking input on the introduction of a new statutory right for independent trade unions to access workplaces for organising and meeting with workers.
Employers, unions, workers and the public can share their views on how unions might access work. This covers the process for requesting access, employer responses, and the Central Arbitration Committee’s role in dispute resolution and enforcement. The government has already proposed how this might work, so the consultation will be a chance to agree or disagree with the proposals.
The consultation is open until 18th December. Have your say here.
How you can prepare: If you already allow voluntary access, nothing much will change. The government will consult on a new statutory Code of Practice in the spring with practical guidance for employers, so we’ll keep you posted on developments.
Consultation four: Duty to inform workers of their right to join a trade union
The Employment Rights Bill will introduce a new duty on employers to give a written statement that informs workers of their right to join a trade union. This duty is expected to come into effect in October next year.
In this consultation, employers, trade unions, workers and the public will be able to weigh in on the government’s proposals for the statement. This includes what it should include, who writes it, and how and when it’s delivered.
This consultation also closes on 18th December 2025. Have your say here.
How you can prepare: The government’s preferred approach is a standard statement for employers to complete with their workplace details. You’ll be able to find templates in BrightBase, our document library. And signed documentation will be kept in BrightHR’s unlimited, secure cloud storage, so you’re ready to prove compliance.
What do you need to do?
If you meet the criteria for these consultations, now’s your chance to respond. You could help shape future UK employment law.
The Employment Rights Bill is introducing 28 key reforms, with 173 new pieces of law covering all the changes in the Bill. It’s going to change the way your business operates. So it’s essential that you’re aware of what’s coming up.
Don’t get caught out by the changing legislation. We'll help you prepare for some of the biggest changes to employment law in the UK in the last decade.
Download the Employment Rights Bill Guide for business owners now.
