The Employment Rights Bill is in the final parliamentary exchanges between the House of Commons and the House of Lords. Agreement could be reached quickly, although further exchanges remain possible.
Royal Assent follows only once both Houses settle the remaining points and commencement regulations are made.
The Act will provide the framework. The operational rules will come later through regulations and statutory Codes. Those instruments will set commencement dates, definitions, thresholds and procedures, so planning should track government publications rather than relying on headline summaries. The government’s “Make Work Pay” collection is the central index bringing together consultations and, in due course, draft and final instruments. Factsheets help with policy intent, but the binding position will be in the regulations and any approved Code.
Trade union right of access
The consultation proposes a statutory route for independent trade unions to access workplaces, both physical and digital, to meet and communicate with workers for recruitment, representation and collective bargaining.
Where voluntary arrangements already work, the regime is not intended to displace them. Where there is no agreement, the Central Arbitration Committee would be able to set access terms and enforce them. The paper tests short response times, a defined negotiation window, possible exemptions for very small employers, a typical two-year duration for agreements and a steer that weekly access is likely to be reasonable.
A penalty model is proposed with meaningful upper caps for repeat breaches.
Target commencement is in 2026, with a statutory Code expected to follow the regulations.
From an employer perspective, the issues are practical. Requests need a single intake route so deadlines are met and site diaries align. Digital access needs content-neutral rules that fit information security and platform policies. Group structures and partial recognition require clear scope maps so that entities and sites are handled consistently. Early drafting of house access terms, site protocols and digital venue rules will reduce the risk of a CAC-imposed agreement that does not reflect operational realities.
Duty to inform workers of the right to join a union
A new duty will require employers to give workers a written statement explaining their legal right to join a trade union. The consultation asks what the statement should contain, whether a standard form is needed, how it should be delivered to new and existing workers, and how often it should be reissued after employment begins. Although administrative, this measure touches employee relations. Neutral wording that explains rights without advocacy reduces risk. Onboarding workflows can issue the statement alongside the contract and handbook, with audit logs showing dates. HR systems can schedule periodic reissue to existing workers. Where recognition applies only to certain entities or sites, the statement should make that scope clear.
Enhanced dismissal protections for pregnant women and new mothers
The government proposes regulations that would make dismissal unlawful during pregnancy, during maternity leave and for a defined period after return, except in specified circumstances. The consultation tests whether the five potentially fair reasons for dismissal should continue during the protected period, be narrowed, or be replaced by a tailored test. It also asks when protections should start and end, and whether to extend similar protection to other parents returning from adoption, shared parental or neonatal care leave.
In practice this points to a higher bar for decisions that fall within the protected period, even where the reason might otherwise be fair. Documentation will need to show focused consideration of alternatives, credible redeployment efforts, and objective selection criteria where restructuring is in play. Codes or detailed guidance are likely to sit alongside the regulations to provide day-to-day steps for HR and line managers. Policy alignment across redundancy, capability, conduct and family leave will matter, as will clear communications with affected employees.
Bereavement leave, including pregnancy loss
The consultation sets the direction for a new day-one right to unpaid bereavement leave, including pregnancy loss before 24 weeks. The proposal confirms a statutory entitlement of at least one week’s leave, protection from detriment, and protection from unfair dismissal linked to taking the leave. Consultation questions focus on eligibility, duration, how leave can be taken, and proportionate notice or evidence rules. The scope includes relationships beyond immediate family and explores how to reflect pregnancy loss where the employee is not the person who suffered the loss.
Operationally, policies benefit from objective eligibility definitions, a humane approach to verification and clear links to existing compassionate leave, parental bereavement leave and sickness procedures. Systems may need to handle short-notice requests and discontinuous leave while maintaining confidentiality. Training for line managers and coordination with EAP providers will help ensure consistent and sensitive application once regulations are laid.
Timing & Implementation
Royal Assent is close but depends on the outcome of the current exchanges between the Houses. Government has signalled a phased roll-out. The first consultation wave opened in late October 2025, with union measures tracking toward implementation in 2026 and family-rights measures following into 2026 and 2027. A statutory Code on workplace access is planned after the regulations. The timeline for employers is therefore clear enough to plan: respond to consultations now, review draft Codes in spring, and use the remainder of 2026 to finalise internal policies, HRIS templates and training ahead of expected go-lives. Treat any claims of immediate effect with caution until commencement regulations are published.
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