The Government has published the first four consultation papers to flesh out key rights under the ERB.
They cover bereavement leave, dismissal protections and trade union rights. Below is a breakdown of each – what the consultation is for, what it’s seeking views on, and when it closes so you can have your say in time.
#1 Duty to inform workers of their right to join a trade union
Purpose – Employers will have a new duty to provide workers with a written statement about their right to join a trade union at the start of employment and at other times.
Consultation seeking views on – What form the statement should take, what content it must include, how it should be delivered (eg electronically or paper), how often it must be reissued outside of the first day.
Closing date – 18 December 2025
#2 Right of trade unions to access workplaces
Purpose – The Bill will establish a statutory framework under which independent trade unions may seek access to workplaces (physically and digitally) for the purposes of representing, recruiting or organising workers and facilitating collective bargaining.
Consultation seeking views on – How unions will request access, how employers will respond, what the role of the Central Arbitration Committee (CAC) should be in deciding agreements, and how enforcement/fines will work.
Closing date – 18 December 2025
#3 Leave for bereavement (including pregnancy loss)
Purpose – The Bill will introduce a new statutory right to unpaid bereavement leave from day one of employment which includes, for the first time, pregnancy loss before 24 weeks.
Consultation seeking views on – Eligibility, the duration of the leave, how flexible it can be, notice and evidence requirements.
Closing date – 15 January 2026
#4 Enhanced dismissal protections for pregnant women and new mothers
Purpose – The Bill proposes to make it unlawful to dismiss a pregnant woman, a mother on maternity leave, or a mother who has returned to work (for at least six months), except in very specific circumstances.
Consultation seeking views on – What those “specific circumstances” should be, when the protections should start and end, whether other new parents (such as adoptive parents) should be included, how to support employers through the change and avoid unintended consequences.
Closing date – 15 January 2026
How can we help?
Download our ERB Summary and Tracker to stay on the Bill’s developments. When there are changes, we’ll update the tracker and send a new version directly to your inbox!
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This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
