The government has launched consultations on some of the areas covered under the forthcoming Employment Rights Bill (ERB), seeking views on how some of the new rights should operate in practice.
The consultations cover trade union access, union membership information, pregnancy and maternity protections, and bereavement leave. Whilst the ERB sets out some information regarding these new rights, much of the detail will be in regulations which will be produced after the conclusion of the consultations.
So, what does your business need to know?
- The consultations in brief
- How your business can have a say
- What next?
The consultations in brief
The right of trade unions to access workplaces
The government is consulting on the implementation of a new statutory right for trade unions to access workplaces under the ERB.
The new right would, in outline, allow trade unions to communicate with workers digitally / enter workplaces to meet, support, represent, recruit or organise workers, and to facilitate collective bargaining. The consultation seeks views on how this right should operate in practice, including how unions should request access, how employers should respond, and how disputes about access could be addressed and resolved by the Central Arbitration Committee.
The government is proposing that employers with fewer than 21 workers should be excluded from the new right of access and is also seeking views on this.
Duty to inform workers of their right to join a trade union
The ERB will also introduce a new duty on employers to inform workers of their right to join a trade union. The consultation on this area covers matters such as whether the required statement should be part of the written particulars of employment or a separate document, what information it should contain and the manner and timing of delivery (including any re-issuing requirements). The government is also seeking views on what would be a reasonable timescale for implementing this duty, with the suggestion of October 2026.
Additional protection for pregnant employees and new mothers
The government is proposing making it unlawful to dismiss pregnant women, women on maternity leave and those returning to work for at least six months post-return, except in specified circumstances. Whilst there are currently some protections in place in a redundancy situation, this change would go further.
The consultation seeks views on how the protection should work in practice, for example when protection should start and end, what exceptions should apply, and whether to include other parents. The government is also seeking views on how best to support employers through the changes.
Statutory bereavement leave, including pregnancy loss
The government is consulting on how to implement a new day one right to unpaid bereavement leave under the ERB for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. Whilst the ERB sets out some of the statutory minimum requirements such an entitlement of at least one week’s unpaid leave to be taken within a 56-day window following a bereavement, the government is consulting on a number of areas before regulations containing detailed provisions are made.
These areas include, which family and personal relationships should qualify, whether the minimum entitlement under the ERB should be longer or the time frame for taking the leave should be extended. In respect of pregnancy loss, the consultation invites feedback on whether leave should be limited to the person who was pregnant or include others such as partners and which types of pregnancy loss should qualify for leave.
The government acknowledges that the “vast majority of employers respond compassionately to requests for leave following a bereavement and recognise the important role businesses have in supporting their employees whilst they grieve” and is also seeking views on steps that could be taken to help employers implement the new statutory bereavement leave entitlement and support their employees.
How your business can have a say
If you would like to participate in any of the above consultations you can do so by accessing the consultation documents here:
- Make Work Pay: trade union right of access
- Make Work Pay: duty to inform working of right to join a union
- Make Work Pay: leave for bereavement including pregnancy loss
- Make Work Pay: enhanced dismissal protections for pregnant women and new mothers
What next?
In terms of the ERB we are still waiting for this to be finalised, it is in the final stages and is due to return to the House of Lords on 28th October, after which it is likely to receive Royal Assent.
Other consultations on key areas are still awaited, including that on the changes to qualification for ordinary unfair dismissal.
We will keep you updated on developments in relation to the ERB, in the meantime if you have a HR issue you would like assistance with please don’t hesitate to get in touch.