The Employment Rights Bill is a draft law set to significantly expand workers’ rights. It is currently still making its passage through parliament to become law.
Back in July, the Government unveiled its ‘Implementing the Employment Rights Bill: roadmap’ paper making clear that some measures proposed by the Bill would only be implemented after further consultations with stakeholders, such as employers, workers and trade unions. You can find our previous article on this Roadmap here which sets out the planned implementation timeline.
Pursuant to this, the Government has now launched the first round of consultations. These consultations are as follows:
- Bereavement leave (consultation closes 15 Jan 2026 with implementation expected in 2027)
- Enhanced dismissal protection for pregnant women and new mothers (consultation closes 15 Jan 2026 with implementation expected in 2027)
- The duty to inform workers of their right to join a union (consultation closes on 18 December 2025 with implementation expected in October 2026).
- Trade unions right of access (consultation closes on 18 December 2025 with implementation expected in October 2026).
Bereavement Leave
There is currently no right for employees to take bereavement leave following the death of a loved one (save in the case of parental bereavement leave). The Employment Rights Bill proposes to provide an entitlement to bereavement leave to other types of relationships so it is more of a general bereavement leave right. This will be a day one right but, at the moment, this will be unpaid.
Regulations will be required to set out the details for this right although it is expected that this will be at least one week and will need to be taken within 56 days of the person’s death.
The Government’s consultation says that it is seeking views on the practical details of implementing these rights— from eligibility criteria and length of leave to the timeframes in which it can be taken. It says that it wishes to strike the right balance between providing meaningful support to grieving employees and ensuring the framework works effectively for businesses of all sizes.
Enhanced Dismissal Protection
The new Employment Rights Bill offers greater protection for pregnant women and new families by extending the existing protections relating to redundancy dismissals to all other types of dismissals and allowing regulations to be made relating to dismissals after a period of family leave (like maternity, adoption, shared parental leave) not just during the period of leave.
The Government’s consultation says that it is seeking views on how these enhanced dismissal protections should work in practice and that it wants the change to combat pregnancy and maternity discrimination, to support mothers to realise their full potential at work, and to be easy and straightforward for employers to understand and implement.
Duty to inform workers of right to join a union
Under the Employment Rights Bill, employers will be required to give new workers a written statement at the start of their employment (and at other prescribed times to be confirmed) that they have the right to join a trade union.
The Government’s consultation says that it is seeking views on how this duty should work in practice including what the statement should say, how it should be given, and how often the statement should be delivered.
The Government has published the first round of consultations under the Employment Rights Bill relating to bereavement leave, enhanced dismissal protection, the duty to inform workers of their right to join a trade union and trade unions’ right of access to the workplace.
Trade unions’ right of access
The Employment Rights Bill provides a significant development in relation to access trade unions can have to the workplace. There will be a new statutory right for trade unions to access workplaces for matters like recruitment, organising, and collective bargaining. However, it cannot be used for industrial action planning. Access is not restricted to physical access and covers virtual or digital access too.
The Government’s consultation says that it is seeking insights on how unions should request access and how employers ought to respond. It says it is keen to understand the factors at play when determining whether access should be granted and on what terms and is seeking consultation on how fines should be set for non-compliance.
Consultation feedback
It is important for those impacted by these reforms to participate in consultations so that their views can be considered by Government when it is setting out the detail of how these new rights will work in practice. Clarkslegal LLP will be inputting into the consultations directly and via its work with the CBI.
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The Government has published the first round of consultations under the Employment Rights Bill relating to bereavement leave, enhanced dismissal protection, the duty to inform workers of their right to join a trade union and trade unions’ right of access to the workplace. Consultation for the first two ends on 15 January 2026, with consultation on the trade union related rights ending slightly earlier on 18 December 2025. Employers who will be impacted by the reforms should participate in these consultations to help ensure important practical matters are fully considered by Government as it decides how these rights should operate in practice.
Join us this November in London and Reading for our event, Royal Assent Imminent – the Employment Rights Bill! where we’ll explore the legal changes and what they mean for HR and their organisations.
