ERA Consultations

Bereavement leave including pregnancy loss

The ERA introduces a new statutory, day-one right to unpaid bereavement leave for those employees who suffer the loss of a ‘loved one’, including pregnancy loss before 24 weeks (which is not covered under current statutory entitlements).   The consultation (available here) seeks views on:

Eligibility: Including which relationships should qualify – immediate family, extended family, or close friends. For pregnancy loss, it asks whether leave should be limited to the person who was pregnant or include others such as partners, intended parents, and those in surrogacy arrangements. It also considers which types of pregnancy loss should qualify, including miscarriage, ectopic or molar pregnancy, IVF embryo transfer loss, and medical terminations.

Length and flexibility of the leave: Employees will be entitled to a minimum of one week of unpaid leave, to be taken within a 56-day window. Feedback is sought on whether the entitlement should be longer or the time window extended, and whether leave should be taken in one block or flexibly in smaller units.

Notice and evidence: The consultation asks how much notice should be required and whether any evidence should be provided. It acknowledges that in cases of pregnancy loss, requiring proof may be distressing or impractical.

Policy steps: The consultation asks for views on steps the Government could take to help employers implement the new leave and support their employees (such as minimum standards and guidance).

The consultation closes on 15 January 2026, with implementation expected in 2027.

Enhanced dismissal protections for pregnant women and new mothers

ERA plans 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.  The consultation (available here) is seeking views on:

Circumstances for lawful dismissal: The consultation asks whether the existing reasons for dismissal should remain as they are for pregnant women and new mothers – but with a new stricter test of fairness. Or, if the Government should reduce, restrict or remove some of the existing five fair reasons for dismissal.  For example, if it should only be permissible to dismiss for gross misconduct (rather than the broader misconduct); prohibit dismissal for poor performance; and/or only dismiss for redundancy in cases of imminent financial difficulty where no alternative exists (similar to the threshold for ‘fire and rehire’).

Timing: The consultation also seeks views on the start and end point of the protected period – for example, whether protection should begin when the employee notifies their employer or from the start of pregnancy and whether it should extend to six months after the employee’s return to work or to 18 months after the birth.

Scope: The consultation asks whether protections should extend to other parents (e.g. those taking adoption leave or shared parental leave) and how to support awareness of the rights.

Support: The consultation asks how it can support employers through the change and how to mitigate unintended consequences (such as employers being reluctant to recruit women of child-bearing age).

The consultation closes on 15 January 2026, with proposed implementation in October 2027.

Duty to inform workers of right to join a trade union

To raise awareness of the right to join a trade union, ERA introduces a new duty on employers to give a written statement to workers informing them at the start of their employment and at other times during their employment of their right to join a union.  The consultation (available here) is seeking views on:

Content: The consultation asks what the statement should say. For example, whether it should set out the statutory protections for union membership and whom to contact. The Government’s preference is to introduce a standard template statement for employers to issue.