In September, the House of Commons rejected all the non-governmental amendments to the Employment Rights Bill (the Bill). The Bill returned to the Lords on 28 October, with Royal Assent expected soon afterwards. Instead, the Lords rejected the Commons amendments.
When the Bill returned to the Commons on 5 November the Commons rejected the Lords amendments again in what is becoming an increasingly lengthy game of Parliamentary ping pong.
Despite the Bill's less than straightforward progress, the government is forging ahead and has issued four consultations!
Autumn/winter consultations
There are a couple on trade union-related reforms - the duty to inform workers of their right to join a trade union and the rights of trade unions to access workplaces. Both close on 18 December 2025. The other two deal with enhanced dismissal rights for pregnant women and new mothers, and leave for bereavement including pregnancy loss. These close on 15 January 2026.
1. The duty to inform workers of their right to join a trade union
Due to come into force in October 2026.
Content of the statement informing workers of this right
It is proposed that the statement must cover:
- a brief overview of the functions of a trade union,
- summary of workers' statutory rights regarding trade unions,
- a list of the unions the employer recognises (if any), and
- a signpost to a GOV.UK page listing trade unions.
What form will it take?
Two options are proposed. The preferred option being a government drafted standard statement setting out the required information with employers adding the workplace-specific details. The alternative is an employer-drafted statement which follows the government model but would allow for greater flexibility and tailoring to suit the needs of its workers.
How will it be delivered?
For new workers:
- direct delivery alongside the statement of employment particulars (the government's preference), or
- indirect delivery by posting it on a notice board, staff portal or intranet.
For existing workers
- direct delivery only,
- direct or indirect delivery (the government's preference) ensuring continuous availability to workers and reasonable access to it, or
- direct or indirect with regular reminders by the employer.
How often will the statement be delivered?
Three options are proposed: every six months, or annually (aligned with business and HR cycles), or sector specific frequency (based on sector in which the employer operates or employer size).
2. The right of trade unions to access workplaces
Due to come into force in October 2026
Access requests
It is proposed that union access requests and employer responses to these requests must be in writing (email or letter) using standardised templates provided in the new Code of Practice on Trade Union Rights of Access. The Code will be consulted on in Spring 2026 - it will set out best practice and include practical guidance on how access should be carried out by both trade unions and employers.
Access requests must include:
- a description of the group of workers that the union is seeking access to,
- the purpose of the access,
- the type of access (physical and/or digital), and
- the date of the first access and the frequency of the access requested.
Employer's response and time frames
The consultation details the information that should be included in an employer's response to an access request, including information to be included if the request is being accepted and information if the request is being rejected in whole or in part.
The employer will have 5 working days from the date of the request to respond. There will then be a negotiation period of 15 working days. If access arrangements are agreed the Central Arbitration Committee (CAC) will have to be notified and the government proposes that this will be via a template for notifications to the CAC via the new Code of Practice on Trade Union Rights of Access.
If the trade union and employer cannot agree then either party can refer the request to the CAC for a determination. This referral can be made within 25 working days, starting from the day the request for access is submitted.
CAC negotiations
The CAC will decide whether to grant access based on five access principles set out in the Employment Rights Bill:
- access must not unreasonably interfere with the employer's business,
- the employer should take reasonable steps to facilitate access,
- physical access should not be refused solely because digital access is permitted (and vice versa), and
- access should only be refused entirely where reasonable.
Additional factors that the CAC may consider include:
- Employer's size – proposed exemption for employers with fewer than 21 workers.
- Notice period - minimum of 5 working days before the first access takes place otherwise the access arrangement will be refused.
- Expiry - statutory access arrangements expire after 2 years.
- Recognised union – their presence makes additional access less likely but doesn’t automatically prevent it.
- Resource allocation - employers won't need to implement new IT systems or construct new meeting places in the workplace.
- "Model" access agreement – requests consistent with the model agreement are more likely to be granted. Proposed terms include weekly access with at least two working days' notice.
Fines for breach
Where a party fails to comply with an access agreement, the CAC will have the power to vary the agreement, make a declaration or order compliance steps. If the breach is repeated within 12 months, then the CAC will have the power to impose a fine. The proposed maximum fine is 75,000 for a first breach, increasing to a maximum fine of £150,000 for a subsequent breach.
In determining the value of the fines, the CAC will consider:
- The gravity and duration of the failure;
- The reasons for the failure;
- The number of workers affected;
- The scale of the organisation; and
- Any previous history of non-compliance.
3. Enhanced dismissal protections for pregnant women and new mothers
Due to come into force in 2027
Before winning the election, the government committed to "strengthening protections for pregnant women by making it unlawful to dismiss a woman who is pregnant for six months after her return, except in specific circumstances". This consultation determines what those protections and exceptions will be.
When should dismissals be allowed?
The consultation asks in what circumstances dismissals should be allowed. There are two options.
Option 1 - new general test for fairness that would apply to all protected employees. Employers could rely on existing fair dismissal reasons but would also need to meet a new stricter standard. Suggested tests include that continuing the employment of the pregnant woman or new mother would:
- Have a significantly detrimental effect on the business
- Pose a health and safety risk to customers, staff or the public.
- Have a serious negative impact on the wellbeing of others.
Option 2 - narrow and/or remove some fair dismissal reasons (conduct, capability, redundancy, statutory ban/illegality and SOSR) – potentially removing some altogether.
The protection period
The consultation seeks views on when the enhanced dismissal protection should begin. It suggests a number of different options - when the employment relationship begins, or the day they start work, or after 3 to 9 months' employment.
It asks when enhanced protection should start - when the employee becomes pregnant, or when she becomes aware that she's pregnant, or when she informs her employer that she is pregnant). Finally, it asks when the protection window for new mothers entitled to maternity leave should end - 18 months after the birth of the child, or 6 months after return to work.
Other types of parental leave
The government seeks views on extending enhanced dismissal protections to other parents during leave and after their return to work. Paternity leave (2 weeks) is excluded as it will form part of the separate parental leave framework that is already underway.
4. Leave for bereavement including pregnancy loss
Due to come into force in 2027.
Currently, only employees who lose a child have statutory entitlement bereavement leave. This new right will extend bereavement leave more broadly.
Who will enjoy the new right?
The consultation asks which relationships should qualify - immediate family members, or extended family (aunts, uncles, in-laws, cousins and nieces and nephews), or wider relationships (foster carers, "chosen family" including close friends).
What types of pregnancy loss will be covered?
Examples include miscarriage, ectopic and molar pregnancies, medical terminations and IVF embryo transfer loss.
Who will benefit from leave for bereavement for pregnancy loss?
Options include – only the person who physically experienced the loss, or spouse, civil partner or partner of the person who physically experienced the pregnancy loss, or co-parent of the expected child, or intended parents in a surrogacy arrangement.
How and when leave can be taken
Duration - one week, two weeks, or an alternative length of time.
Start date - date of death/pregnancy loss, or date of knowledge of death/pregnancy loss, or some other alternative.
How should it be taken - one continuous block, or discontinuous blocks of one week, or discontinuous units of one day.
The consultation also contains questions on the notice and evidence requirements that will be needed to take the leave.
The Bill states that employees must be allowed at least 56 days from the date of the loss in which to take the leave, but this could be longer. The options offered in the consultation are of a window of 8 weeks, 52 weeks, 56 weeks or some other length.
