Employment Rights Bill: Government consultation on new family rights

On 23 October 2025, the Government launched a series of consultations on reforms under the Employment Rights Bill (ERB), focusing on family rights and trade union reforms. Businesses and workers are invited to share their views on how these reforms should work in practice.

In this article, we outline the consultation proposals on enhanced dismissal protection for pregnant women and new mothers and the new entitlement to bereavement leave. For details on the trade union reform consultations, see here. 

Reforms to family rights

The Employment Rights Bill introduces a range of new protections and entitlements for working families, including stronger rights around family leave, protection against dismissal, and enhanced bereavement support. We have provided a detailed overview of these changes in our article: Preparing for change: family rights under the Employment Rights Bill.

The Government has published consultations on two changes to family rights:

• Enhanced dismissal protections for pregnant women and new mothers
• Leave for bereavement including pregnancy loss

Both consultations remain open until 15 January 2026, with reforms expected to come into effect sometime in 2027 following separate regulations.

Enhanced dismissal protection

The ERB gives the Government power to make it unlawful to dismiss pregnant women and new mothers, other than in specific circumstances. 'New mothers' is defined as those who have given birth in the last 18 months. The Government is seeking views on the practical details of implementing this reform.

The consultation asks for input on the following:

• 'Specific circumstances': the new law will make it unfair to dismiss a pregnant woman or new mother other than in specific circumstances. The consultation explores what those might be, suggesting two broad options:

1. 1. A new general test of fairness: the existing fair reasons for dismissal would remain, but employers will need to meet a stricter standard when relying on them, for example, by showing that not dismissing an employee would significantly harm business or the health and safety or wellbeing of others.
   2. Narrow the scope of available reasons: the existing reasons for dismissal would be limited or removed when applied to pregnant women or new mothers. For example, limiting 'conduct' dismissals to gross misconduct or 'redundancy' dismissals to situations of pressing need.

• Timing: The consultation asks:

1. 1. When should protections start? Options include making it a day-one right (or even earlier, once a contract is signed) or after an initial period of employment of three to nine months.
   2. When should the protected period start? Suggestions include when the employee becomes pregnant or when she informs her employer.
   3. When should protection end? Should all women receive 18 months protection from the birth, regardless of when they return to work? What about women not entitled to maternity leave, such as after miscarriage before 24 weeks?

• Other parents: views are sought on extending enhanced dismissal protection to parents taking other types of long-term family leave, such as adoption leave or shared parental leave.
• Support: the consultation asks how pregnant women and new mothers can be better informed about their rights, and what might mitigate the administrative burden of the policy on businesses.
• Unintended consequences: the Government seeks input on potential adverse effects of this reform and how they could be mitigated, such as hesitancy to hire women of childbearing age or workplace tensions arising from perceived preferential treatment.

Bereavement leave

Currently, employees are only entitled to statutory bereavement leave on the loss of a child under 18 or a stillbirth after 24 weeks of pregnancy. The ERB will make unpaid bereavement leave a day-one right for all employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.

The consultation seeks views on practical details, including:

• Eligibility: which relationships should qualify for bereavement leave? Options include immediate and extended family, as well as persons of importance. It also asks which types of pregnancy loss should be covered, and whether others who might be affected by such loss should also qualify.
• Taking bereavement leave: how long should bereavement leave be (subject to a minimum of one week) and should it vary by type of loss? The consultation also explores the timeframe for taking leave, with options ranging from 56 days up to 56 weeks, and whether it should be taken in one block or discontinuously.
• Notice and evidence requirements: should employees be required to provide notice of their intention to take bereavement leave, and if so, how much and will that depend on the timing of leave? The consultation also asks if a bereaved employee should be required to provide evidence or a signed declaration in order to take leave, acknowledging that this could create barriers or delay.

Information about ERB reforms

To support employers in preparing for changes being brought in by the ERB, we have created a dedicated Employment Rights Bill resource hub offering key information and guidance on the reforms. This page will be regularly updated as the situation develops.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.