The Employment Rights Bill

• The ERB will introduce a new obligation on employers to inform workers of their right to join a trade union.

• The consultation seeks views on implementing this new duty whilst minimising employer burden.

• The ERB introduces statutory rights for unions to access workplaces physically and digitally to meet, support, represent, recruit or organise workers and facilitate collective bargaining.

• The consultation seeks views on the access request process, the Central Arbitration Committee’s (CAC) role in resolving disputes, and enforcement mechanisms.

1. Permitted dismissal grounds for pregnant women and new mothers

The government proposes two broad options:

- Option 1 would introduce a new general test for fairness, requiring employers to meet a stricter standard when dismissing a pregnant woman or a new mother (for example, showing that dismissal is necessary to avoid serious harm to the business or other staff).

- Option 2 would narrow the scope of the existing five fair dismissal reasons, potentially removing some altogether (for example, limiting 'conduct' to cases of gross misconduct only).

2. When protection starts and qualifying periods

The government recognises that existing protections against dismissal for pregnant women and new mothers are day-one rights, but introducing a qualifying period for this new right (such as 3-9 months) could mitigate unintended consequences, including potential reluctance to recruit women of childbearing age. The government suggests that the most straightforward approach would be for protections to start when an employee informs her employer that she is pregnant.

3. Duration of protection period

The government proposes that women will be covered by the enhanced dismissal protection policy during the course of their pregnancy, during maternity leave and for at least six months after returning to work. The government suggests that the most recognisable approach would be to continue the approach in the 2023/24 enhanced redundancy protections, meaning every new mother would receive 18 months of enhanced dismissal protection from the birth or adoption placement, regardless of when they went back to work.

4. Bereavement leave eligibility

The government recognises that family structures in modern Britain are diverse and evolving, and the consultation explores whether eligibility for bereavement leave should be based on the importance that person played in the employee's life, rather than formal titles, to include blended families, extended families, and "chosen family" such as close friends or kinship carers.

For pregnancy loss, the government recognises that pregnancy loss at any stage can be emotionally distressing for the person who carried the pregnancy and can also affect the other parent or partner and the intended parents in a surrogacy arrangement. The consultation questions ask whether bereavement leave for pregnancy loss should be restricted to the person who has physically experienced the pregnancy loss. The consultation also explores whether the entitlement should distinguish between different types of pregnancy loss before 24 weeks.

5. Bereavement leave duration, timing and evidence requirements

The ERB provides bereavement leave for a minimum of one week, to be taken within 56 days of the loss. The government is seeking views on whether the leave should be a single block or more flexible. The government is also seeking views on notice requirements and whether written evidence should be required, recognising that evidence requirements could make accessing leave difficult, particularly in cases of miscarriage before 24 weeks.

• The ERB will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a 6-month period after they return, except in specific circumstances.

• The consultation seeks views on what circumstances dismissals should be allowed, when the protection should start and end, whether other new parents should be covered, and how to mitigate unintended consequences.

• The ERB introduces 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 government is seeking views on the eligibility criteria (including types of pregnancy loss in scope), when and how bereavement leave can be taken, and notice and evidence requirements.

1. Permitted dismissal grounds for pregnant women and new mothers

The government proposes two broad options:

- Option 1 would introduce a new general test for fairness, requiring employers to meet a stricter standard when dismissing a pregnant woman or a new mother (for example, showing that dismissal is necessary to avoid serious harm to the business or other staff).

- Option 2 would narrow the scope of the existing five fair dismissal reasons, potentially removing some altogether (for example, limiting 'conduct' to cases of gross misconduct only).

2. When protection starts and qualifying periods

The government recognises that existing protections against dismissal for pregnant women and new mothers are day-one rights, but introducing a qualifying period for this new right (such as 3-9 months) could mitigate unintended consequences, including potential reluctance to recruit women of childbearing age. The government suggests that the most straightforward approach would be for protections to start when an employee informs her employer that she is pregnant.

3. Duration of protection period

The government proposes that women will be covered by the enhanced dismissal protection policy during the course of their pregnancy, during maternity leave and for at least six months after returning to work. The government suggests that the most recognisable approach would be to continue the approach in the 2023/24 enhanced redundancy protections, meaning every new mother would receive 18 months of enhanced dismissal protection from the birth or adoption placement, regardless of when they went back to work.

4. Bereavement leave eligibility

The government recognises that family structures in modern Britain are diverse and evolving, and the consultation explores whether eligibility for bereavement leave should be based on the importance that person played in the employee's life, rather than formal titles, to include blended families, extended families, and "chosen family" such as close friends or kinship carers.

For pregnancy loss, the government recognises that pregnancy loss at any stage can be emotionally distressing for the person who carried the pregnancy and can also affect the other parent or partner and the intended parents in a surrogacy arrangement. The consultation questions ask whether bereavement leave for pregnancy loss should be restricted to the person who has physically experienced the pregnancy loss. The consultation also explores whether the entitlement should distinguish between different types of pregnancy loss before 24 weeks.

5. Bereavement leave duration, timing and evidence requirements

The ERB provides bereavement leave for a minimum of one week, to be taken within 56 days of the loss. The government is seeking views on whether the leave should be a single block or more flexible. The government is also seeking views on notice requirements and whether written evidence should be required, recognising that evidence requirements could make accessing leave difficult, particularly in cases of miscarriage before 24 weeks.