The Government has begun four new consultation exercises on key legal updates contained in the Employment Rights Bill. Despite the Bill still not having received Royal Assent, the Government appear to be keen to push on with defining the shape of the new employment rights provided for in it.
These are amongst the first of a total of 13 consultation exercises connected to rights within the Employment Rights Bill that are scheduled to take place between now and the early months of 2026.
What do the consultations cover?
Two of the four consultations cover:
· Leave for bereavement, including pregnancy loss
· Enhanced dismissal protections for pregnant women and new mothers
Leave for bereavement, including pregnancy loss
The Bill introduces a new statutory day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.
It sets out some statutory minimum requirements such as a minimum leave period of one week and a window of at least 56 days for the employee to take the leave. The Bill also ensures that employees will be protected against unfair treatment as a result of taking the leave, protection of contractual rights whilst on leave, and protection against unfair dismissal.
The consultation seeks views on the further details of the entitlement which will be set out in secondary legislation and is split into three sections:
· Eligibility;
· When and how bereavement leave can be taken; and
· Notice and evidence requirements.
Bereavement leave will be an unpaid entitlement, but the consultation makes it clear this is a floor, rather than a ceiling, and employers are encouraged to offer above and beyond the statutory entitlement in both length of leave and pay.
Enhanced dismissal protections for pregnant women and new mothers
The government has committed to extending the rights of pregnant women and new mothers through enhanced dismissal protections which will make it unlawful to dismiss pregnant women, mothers on Maternity Leave, and mothers who return to work for at least six-months after their return – except in specific circumstances.
While legal protections against dismissals related to pregnancy and maternity already exist under the Equality Act 2010, reports suggest that many expectant and new mothers continue to report unfair treatment.
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How does pregnancy discrimination work?
This consultation seeks views on what those specific circumstances should be and in which situations employers should still be able to fairly dismiss pregnant women and new mothers in. They seek to understand:
· What those ‘specific circumstances’ for being able to dismiss a pregnant woman or new mother fairly should be;
· When the protections should start;
· Any potential unintended consequences attached to the policy and how to mitigate against any of these;
· How to best support businesses through the change; and
· Other detail regarding who should be covered by the policy and for how long.
The Bill is expected to receive Royal Assent in mid-late November 2025 and both consultations on trade unions close on 15 January 2025 with both of the measures consulted on due to come into effect during 2027 under the Government’s Roadmap for Delivering Change.
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