23.10.2025

The Government has published four new consultations as part of its plans under the Employment Rights Bill (the Bill), seeking views on the following areas:

  • The new duty on employers to inform workers of their right to a join a trade union
  • Trade union rights of access to the workplace
  • Enhanced dismissal protections for pregnant women and new mothers
  • Leave for bereavement including pregnancy loss

Make UK will be responding to these consultations, which can be accessed here. The two consultations relating to unions will close on 18 December 2025. The two consultations which relate to pregnancy protection and bereavement leave will close on 15 January 2026. Below, we provide further details and invite your views.

New duty on employers to inform workers of their right to a join a trade union

The Bill, which is expected to receive Royal Assent during November, will introduce a new duty on employers to give a written statement to their workers, informing them of their right to join a trade union at the start of their employment and at other times. (This applies regardless of whether you have a recognised union.)

The Government’s consultation seeks views on how this new duty can be implemented effectively, focusing on details such as: 

  • what form the statement should take and what content should be included;
  • the manner in which the statement must be delivered; and
  • the frequency with which the statement must be reissued after the beginning of employment.

Trade union right of access

The Bill will introduce a new framework for trade unions to access workplaces physically, and to communicate with workers (in person or digitally). The Government seeks views on operational details such as: 

  • how unions will request access, and how employers will respond;
  • factors the Central Arbitration Committee (CAC) will take into account when determining whether access should be granted and on what terms; and
  • how the CAC is to come to decisions on the values of fines issued for breaches of access agreements.

The Government also plans to consult in Spring 2026 on a new Code of Practice on this union right of access. The Code will set out best practice and include practical guidance on how access should be carried out by both trade unions and employers.

Enhanced dismissal protections for pregnant women and new mothers

The Bill makes it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a six-month period after their maternity leave – except in specific circumstances.

This consultation 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 policy and how to mitigate against these;
  • how to make sure pregnant women and new mothers are aware of the policy;
  • how to best support businesses through the change; 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.

Leave for bereavement including pregnancy loss

This consultation relates to the Bill’s proposal to introduce a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. The consultation seeks views on:

  • eligibility criteria;
  • when and how bereavement leave can be taken; and
  • notice and evidence requirements.

Further consultations

In addition to the above, we are expecting the Government to undertake further consultations later this year on the following:

  • Trade union measures including balloting (e-balloting and workplace balloting) and changes to the union recognition processes. (According to the Government’s implementation roadmap, an Acas Code of Practice consultation will also look at new rights and protections for trade union representatives).
  • Fire and rehire.
  • Unfair dismissal rights from day one (including the rules relating to statutory probationary periods).
  • Zero hours contracts and low hours contracts (i.e. guaranteed hours offers and shift notices).
  • Umbrella companies (to consider whether they need further regulation and should fall within the remit of the Fair Work Agency).
  • Employment status (to consider removing the distinction between employees and workers, although note this is not covered in the Bill).

The Government has also indicated that it will consult on the following (likely in the new year): 

  • Trade union measures, including protection against detriments for taking industrial action and blacklisting.
  • Collective redundancy consultation.
  • Flexible working.

Make your voice heard

Make UK will be responding in detail to these consultations on behalf of its members, as well as continuing to engage with Government on all the proposals in the Bill to ensure that the views of business are heard. 

We are keen to hear your views on the proposals in these four consultations, including your insights on how specific measures might affect your business and workers in practice. If you would like to contribute, please email our Policy Team with any comments on these four consultations, or other measures in the Bill, by Friday 28 November.

How we can help

To read more about the Government proposals, see our Employment Rights Bill Knowledge Base.

We will keep you informed of developments as the Bill progresses complete its passage through Parliament and the Government continues to consult on its proposals.

If you are a Make UK subscriber, you can speak to your regular adviser with any queries you may have about these various employment law proposals and to request further consultancy support. Make UK subscribers can also access guidance on a wide range of employment law topics including template policies and drafting guidance in the HR & Legal Resources section of our website.

If you are not a Make UK subscriber, our expert HR and legal advisers can offer guidance on a consultancy basis. Please click here for information on how we can help your business or contact us.