What is the current situation?
Parents are entitled to statutory maternity leave, paternity leave, shared parental leave, adoption leave and unpaid parental leave to look after their children. Currently, statutory paternity leave is only available once an individual has been continuously employed for 26 weeks, with parental leave requiring one year of employment.
Since April this year, parents whose babies need neonatal care after birth may be eligible to take statutory neonatal care leave.
Employees on certain types of statutory family leave have preferential rights in a redundancy situation, being entitled to be offered any suitable available vacancy before it is offered to others. This currently applies to maternity leave, adoption leave, shared parental leave, neonatal care leave, pregnant employees and those who have recently returned from maternity or adoption leave, and in some circumstances shared parental or neonatal care leave.
There is currently no statutory right for employees to take bereavement leave, other than parental bereavement leave, which is available if a child dies under the age of 18 or is stillborn after 24 weeks of pregnancy.
Employees have the right to request flexible working arrangements, which can include remote work, job-sharing and compressed hours. (These rights are being strengthened under the Employment Rights Bill – read about this separately here.)
So what’s changing and when?
The Employment Rights Bill will introduce significant changes to support working families.
- Protection from other types of dismissal (not just redundancy) for pregnant women and those on, or returning from maternity leave: The Bill includes little information on this right. However, the Government consultation, which closes on 15 January 2026, seeks views on issues such as:
- what the specific circumstances for being able to dismiss a pregnant woman or new mother fairly should be;
- when the enhanced dismissal protections should start and end;
- any potential unintended consequences attached to this extension of rights and how to mitigate against these;
- how to make sure pregnant women and new mothers are aware of the extension of rights;
- how best to support businesses through the changes; and
- additional action that could be taken to tackle any workplace disadvantage triggered by pregnancy and maternity, and to support women who have experienced this.
- Statutory paternity leave and unpaid parental leave will become day one rights: Instead of requiring a minimum period of employment, statutory paternity leave and unpaid parental leave will become available from day one of employment. The Bill will also remove the requirement for paternity leave to be taken before shared parental leave (or lost), which should give employees more flexibility on which type of leave to take.
- A new statutory right to bereavement leave: Employees will get a statutory right to at least one week of unpaid bereavement leave to grieve the loss of a loved one.
- A new statutory right to bereavement leave for miscarriages before 24 weeks: The Bill will give parents who experience a miscarriage before 24 weeks of pregnancy the right to unpaid bereavement leave.
The Government consultation, which closes on 15 January 2026, seeks views on the statutory right to bereavement leave, including leave for miscarriages before 24 weeks, in respect of:
- eligibility criteria, including which relations of the deceased will qualify for bereavement leave;
- when and how bereavement leave can be taken; and
- notice and evidence requirements.
The Government plans to implement these measures on a phased basis. Day-one rights to paternity leave and unpaid parental leave will come into force in April 2026, and the extended protections against dismissal and the right to bereavement leave in April 2027. We do not currently have a timeline for the right to bereavement leave for miscarriages before 24 weeks.
What you need to do now
- Get ready to update your family leave policies and practices as the changes take effect. Take a thorough look at them now so you can plan for any alterations you may need to make later.
- Raise awareness among your managers on how the changes will impact your organisation. Your managers will need guidance on correctly applying the new rules when the detail is finalised in regulations.
How Make UK can help you
Whether you’re already getting support from us or you’re just starting to explore your options, we’re here to help you plan for the Employment Rights Bill changes and protect your business.
Already getting support from Make UK?
You’ll receive updates from us as key legal changes come in, so you can stay compliant and up to date.
Detailed HR and employment law guidance, including template policies and letters, can also be found in the HR & Legal Resources section of our website.
If you’ve got questions or need advice, your Make UK legal adviser is on hand to help, including with HR policy reviews and updates.
Our HR and legal consultants can also provide hands-on support on any projects as you prepare for these changes.
You can also shape future policy. We speak regularly with Government and respond in detail to consultations, using input from businesses like yours.
We are keen to hear your views on the proposals in the consultation described in this spotlight, including your insights on how specific measures might affect your business and workers in practice. If you would like to contribute to these consultations, or comment on any other measures in the Bill, please email our Policy Team with any comments by Friday 28 November.
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You don’t have to face the changes alone. Whether you need quick input or ongoing support, we can help you however works best for your business.
One-off, practical supportIf you want focused help to get ready for the changes:
| Ongoing employment law and HR support
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06/08/2025