It’s time for an update on the Employment Rights Bill, introduced over a year ago.
The Bill is currently in its ‘ping pong’ phase, moving between the House of Commons and House of Lords as Parliament works through its clauses and proposals. At the time of writing, it has returned to the Commons for further consideration, so it feels unlikely that we’ll see any significant movement for the time being. The government has, however, committed to pushing forward with the Bill, so we’ll have to wait and see which measures ultimately make it into law.
One key point of debate is the unfair dismissal qualifying period. While the Bill initially proposed day-one rights, the House of Lords is advocating for a six-month qualifying period. Other areas under review include zero-hour contracts, seasonal work, and trade union rights.
While we await these developments and further confirmation of changes, the government has launched four consultations for businesses on key aspects of the Bill (a big thank you to our friend Daniel Barnett for highlighting these consultations and inspiring this article!).
These consultations are an opportunity to contribute your views – and to prepare your business for potential changes. You’ll find below a summary of each consultation and the specific areas the government is seeking feedback on. Each consultation has a fixed deadline, so if you’d like to respond, be sure to do so before the closing date.
Currently, there is no statutory framework for bereavement leave. Many businesses do offer compassionate leave, but uncertainty remains around job security and what is considered reasonable. The Bill proposes a new day-one right to unpaid bereavement leave for employees experiencing the loss of a loved one, including pregnancy loss up to 24 weeks. The entitlement would also protect employees from unfair treatment, including dismissal, related to taking bereavement leave.
The consultation seeks feedback on:
Deadline: 11.59pm, 15 January 2026
Despite existing protections, some pregnant women and new mothers still report unfair treatment in the workplace. The Bill proposes enhanced protections, making it unlawful to dismiss pregnant employees, those on maternity leave, and new mothers for at least six months after returning to work, except in specified circumstances.
The consultation asks for feedback on:
Deadline: 11.59pm, 15 January 2026
The Bill introduces a new duty for employers to inform employees of their legal right to join a trade union. This aims to strengthen collective worker voices, improve engagement in workplaces, and support broader economic growth.
The consultation asks for input on:
Deadline: 11.59pm, 18 December 2025
The Bill also seeks to formalise statutory rights for trade unions to access workplaces. Currently, access is often voluntary or negotiated individually. Formalising these rights aims to foster open communication, build trust, and resolve workplace issues proactively.
The consultation asks for feedback on:
Deadline: 11.59pm, 18 December 2025
Next Steps for SMEs
The Employment Rights Bill represents a significant step in updating workplace rights while balancing employer needs. For SMEs, staying informed and preparing early is key, both to ensure compliance and to plan for potential impacts on your workforce.
While the Bill continues through Parliament and amendments may change the details, these consultations provide an opportunity to shape the practical implementation of new rights and protections. Responding, or at the very least reviewing the proposals, will help your business shape and anticipate the change, rather than react to it.
Metro HR helps SMEs navigate legislative changes with confidence. From understanding the implications of the Employment Rights Bill to preparing policies and procedures in line with the new requirements, we’re here to guide you every step of the way.
Get in touch today to explore how your business can stay ahead and protect your employees. And do let us know if you decide to respond to these consultations!
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