Government publishes Employment Rights Bill consultations ahead of Bill’s return to the House of Lords

In our previous update, we reported that the House of Commons had rejected the House of Lords’ non-government backed amendments to the Employment Rights Bill (the 'Bill'). The Bill returns to the Lords today (28 October 2025) for consideration of the Commons’ amendments. 

As the Bill nears finalisation, the government has published consultations on four areas in which new employee protections/employer obligations will be introduced by the Bill.

The following consultations are now live:

1. Employer duty to inform workers of their right to join a trade union 

The Bill introduces a new duty on employers to provide their workers with a written statement, informing them of their right to join a trade union at the start of their employment, and at other times. The consultation considers how this duty can be implemented effectively, including: 

• Content of statement: Whether the statement should include the following information: an overview of the functions of a trade union, a summary of the statutory rights of union members, a list of trade unions recognised by the employer and a signpost to the gov.uk website listing current trade unions.
• Form of statement: Whether the statement should be in a standard form provided by the government, or drafted by the employer in line with the content requirements provided by the government.
• Manner of delivery of statement: Whether the statement can be delivered directly (e.g. by email or letter) or indirectly (e.g. by posting on a staff notice board or intranet), and whether the method of delivery should differ for new and existing workers.
• Frequency of delivery of statement: Whether employers should be required to remind workers of their right to join a trade union on an annual basis. 

Consultation closes: 18 December 2025 

2. Right of trade unions to access workplaces 

The Bill provides a new right for unions to access workplaces and communicate with workers both in person and digitally. The consultation invites views on the proposed framework to govern union workplace access and communications with workers, including:  

• Manner and form of request and response: How is the trade union to apply for access (e.g. in writing) and what information must be included in the access request. Conversely, how long should an employer have to consider, and what information must be included, in response to an access request.
• The role of the Central Arbitration Committee (‘CAC’) where agreement on the access request is unable to be reached: Factors which the CAC should consider (including the size of the employer, whether the employer already recognises another union and the impact on the employer’s business operations) when determining whether access should be granted and, if so, on what terms.
• Fines for non-compliance: The level of fine to be imposed in the event of employer non-compliance, with either: (i) a fixed maximum penalty of £75,000; or (ii) a two-stage system imposing a £75,000 fine for an initial breach and up to £150,000 for repeated breaches, proposed.  

Consultation closes: 18 December 2025 

3. Bereavement leave 

The Bill introduces a new day one right to a week’s unpaid bereavement leave for bereaved employees, including cases of pregnancy loss before 24 weeks. The consultation considers: 

• Eligibility criteria – loss of loved ones: The types of relationship between the bereaved employee and the person who has passed away which should qualify for leave entitlement, and whether this should be limited to immediate/extended family, or based on the importance of the relationship. 
• Eligibility criteria – pregnancy loss: Whether leave entitlement should be restricted to the person who has physically experienced the pregnancy loss, and the types of pregnancy loss which should be included.
• Length of leave: How long bereavement leave should be, and whether the amount of leave should differ depending on the scenario and the employee’s relationship to the deceased. 
• Practicalities of leave: When should the window for leave to be taken start and end, and should leave be taken in one continuous block or discontinuously. 
• Notice and evidence requirements: Should notice and/or evidential requirements apply, and if so, what period of notice/evidence is required to be provided. 

Consultation closes: 15 January 2026 

4. Enhanced dismissal protections for pregnant women and new mothers 

The Bill proposes to introduce legislation making it unlawful to dismiss pregnant women and new mothers for at least a six month period after they return to work, except in ‘specific circumstances’. The consultation seeks views on:

• ‘Specific circumstances’ for dismissal of pregnant women and new mothers: What should the specific circumstances be in which it should remain lawful to dismiss pregnant women and new mothers. In particular, the consultation considers whether:
  • Employers should be able to rely on one of the five potentially fair reasons for dismissal (conduct, capability, redundancy, statutory prohibition or some other substantial reason) but should also have to meet a stricter standard when relying on the reason.
  • The five existing fair reasons for dismissal should be limited or excluded in cases involving the dismissal of pregnant women and new mothers.
• Period of enhanced protections: When should the enhanced dismissal protections start and end.
• Extension to other categories of parent: Should the enhanced dismissal protections also apply to parents who have taken other forms of long family leave.
• Mitigation of unintended consequences: Actions which can be taken to mitigate against any unintended consequences of implementing enhanced dismissal protections (e.g. employers becoming more hesitant to hire or avoiding hiring women of childbearing age). 

Consultation closes: 15 January 2026 

Conclusion

Although the Bill is nearly set to become law, a lot of the detail of how the new provisions will work in practice remains unknown, with the specifics being addressed in secondary legislation. Therefore, the consultations give a good insight into what the government intends and, whilst things may still change pending the outcome of the consultations, it allows employers to think about the impact the Bill may have on their policies and practices and what changes may be needed.

We’ll continue to keep a close eye on the Bill and provide further updates in due course. In the meantime, if you’d like to discuss any of the Bill’s provisions or how we can assist your organisation to prepare, please get in touch.