New consultations launched as Employment Rights Bill moves on

Four new consultations, which form part of the ongoing progress of the Employment Rights Bill (ERB), were published late last week as the UK government looks to shift the balance of workers’ rights in the workplace.

By 2027 the proposed changes could all come into effect, creating significant implications for workplaces across the country, according to an expert.

Read more on UK employment law reforms

• Employment Rights Bill: the timeline from autumn 2025 onwards
• Employment Rights Bill to bring once-in-a-generation change for UK employers
• ‘Significant’ changes to employment law in Northern Ireland move closer

The first of the consultations focuses on the government’s bid to improve union representation in the workplace, covering how best to implement the planned new rules around making sure employees know they are entitled to join a trade union.

The ERBintroduces a formal requirement for employers to issue written notification to workers at the start of their employment of their right to join a union and what unions’ functions are, with the Department for Business and Trade looking for input on what the statement should contain, who should draft it, and how often it should be reissued during the course of employment.

Running parallel to this is a consultation on the implementation of the ERB’s provisions giving unions more access to the workplace, how this should be managed, and how the Central Arbitration Committee (CAC) should determine it.  It will also look at the fines the CAC will be able to issue to non-compliant employers.

Edward Goodwyn, an expert in employment law at Pinsent Masons, said: “The proposals on union access and the duty to inform workers of their rights represent a significant shift in the employer-worker dynamic. The practical implications could be complex. All employers will need clear, workable guidance to ensure compliance without disrupting established communication channels."

Both union consultations run on a short timescale - until 18 December – while two further consultations on family leave issues run until 15 January 2026.

The first of these family leave consultations looks at the expansion of unpaid bereavement leave rights for employees to start on day one of their job - which would also now include employees who suffer the loss of their pregnancy before 24 weeks.

The scope of this leave is the focus of the consultation. This includes who should benefit from the protection – for example, whether it should be wider than birth parents; evidence requirements for requests; and eligibility criteria.

Jon Fisher, an employment expert at Pinsent Masons, said: “Many larger employers already allow for bereavement leave, and some allow for paid bereavement leave. However, that leave is generally permitted for a narrower band of family relationships than is currently being consulted on. So, even for those employers, the proposals could bring change”.

The final consultation looks at the government’s plans to strengthen maternity protection, with the ERB set to make it unlawful to dismiss pregnant women, mothers on maternity leave, or mothers returning return to work for at least six months their return, outside very limited circumstances. The specific areas of protection, and whether other new parents and family leavers should be factored into these protections, are among the areas being looked into.

Fisher welcomed the new proposals but warned of potentially unexpected impacts they could have in being implemented.

“The consultations on enhanced protections for pregnant employees and new bereavement leave entitlements reflect a welcome focus on supporting workers during vulnerable periods,” he said.

“We hope the final proposals have sufficient lead-in time for implementation as operational impacts need to be carefully considered.”