Employment Rights Bill: Government Consults on Family-Friendly Changes

The UK government has launched two consultations under the Employment Rights Bill, focusing on proposals to enhance family-friendly workplace rights. Both consultations run until 15th January 2026, with draft regulations and employer guidance to follow.

Strengthened protection from dismissal during pregnancy and maternity

The government proposes to prohibit dismissal of employees during pregnancy, maternity leave, and for a period after returning to work – except in specific circumstances.

Currently, legal protection is limited to a right of first refusal for suitable alternative roles during redundancy.

Key issues for consultation include:

• Valid dismissal grounds: which existing dismissal grounds (such as conduct, capability, redundancy, statutory prohibition, or some other substantial reason) should continue to apply? And should a stricter test be introduced?
• Timing of protection: should protection begin at pregnancy notification or earlier? Should it extend six months or longer (up to 18 months) after returning from leave?
• Wider coverage: should the same protections apply to adoption leave and shared parental leave?
• Impact on employers: the consultation also explores unintended consequences – such as recruitment hesitancy – and how to support compliance.

New right to unpaid Bereavement Leave (including pregnancy loss)

A new statutory right to unpaid bereavement leave is proposed, available from day one of employment. The right would cover both the loss of a loved one and pregnancy loss before 24 weeks.

Key consultation points include:

• Eligibility: which relationships should be covered? For pregnancy loss, should partners and intended parents be included?
• Types of pregnancy loss: miscarriage, ectopic and molar pregnancies, medical terminations, and failed IVF are all in scope.
• Leave terms: the proposal is for a minimum of one week of unpaid leave within 56 days of the loss. Feedback is sought on duration, flexibility, and timing.
• Notice and evidence: the government acknowledges the sensitivity of pregnancy loss and questions whether any evidence should be required.

The government has invited input from employers, HR professionals, trade unions, and individuals. Early preparation and participation in the consultation process is recommended.

Things to consider

These consultations mark a significant step in the UK government’s efforts to strengthen family-friendly employment rights and improve support for employees during some of the most challenging periods of their lives. By seeking detailed input from employers, HR professionals, trade unions, and individuals, the government aims to shape legislation that is both protective and practical. As the consultation deadline approaches, organisations should review the proposals, consider the potential impact on their policies and practices, and engage with the process , including responding via the government consultation page, to help ensure the final regulations are clear, workable, and responsive to the needs of both employees and employers.

Here to help

At Longmores, our Employment Law team supports employers and senior employees with all aspects of family-friendly rights, including pregnancy and maternity protections and bereavement-related issues. We can review your policies, advise on the impact of the proposed Employment Rights Bill changes, and help you prepare for the new regulations.

For expert guidance on what the Employment Rights Bill roadmap means for your organisation, please contact our Employment team who will be happy to advise.