Key employment law updates | October 2025

Welcome to our monthly update, where we share upcoming changes to employment law.

Employment Rights Bill consultations

The government published its first set of Employment Rights Bill ('ERB') consultation papers on 23 October 2025.

The consultations explore the following areas:

1. Enhanced dismissal protections for pregnant women and new mothers.
2. Bereavement leave (including for pregnancy loss).
3. Trade Union right of access.
4. The duty to inform workers about their right to join unions.

The deadline to respond to each consultation is 18 December 2025 in relation to Trade Union matters and 15 January 2026 on the other two consultations. We have summarised the key aims and objectives of each consultation below.

Enhanced dismissal protections for pregnant women and new mothers

The government’s primary objective is to strengthen statutory safeguards against the dismissal of pregnant employees, those on maternity leave, and those who return to work from maternity leave (for at least a 6-month period after they return) and ensuring fair and consistent treatment during and following maternity leave.

The consultation seeks informed views on:

• The limited circumstances in which dismissal of those who are pregnant/on maternity leave or recently returned from maternity leave should remain permissible.
• The appropriate commencement and duration of the enhanced protection period; and
• Whether the protections should be extended to encompass other types of family leave.

In addition, the consultation aims to examine the practical implications of these reforms, including measures to support employers through implementation and to enhance awareness among affected employees.

Bereavement leave including pregnancy loss

The ERB gives employees a day one right to unpaid bereavement leave if they lose a loved one, including in cases of pregnancy loss before 24 weeks.

The consultation seeks views on several key issues, namely:

• The eligibility criteria for entitlement (e.g. what relationship with the deceased would qualify them for bereavement leave);
• The different types of pregnancy loss that should fall within scope;
• The timing and manner in which bereavement leave can be taken; and
• The notice and evidential requirements applicable to both employees and employers.

Recognising the deeply sensitive nature of this subject, the Commission is particularly keen to gather insights and recommendations from charities, individuals with lived experience, and employers, to ensure the policy framework is both compassionate and practicable.

Trade Union right of access

The ERB will establish a new framework governing trade unions physical access to workplaces, enabling unions to engage and communicate with workers both in person and through digital channels.

The consultation's specific requests and topics of focus are:

• The process under which trade unions can request such access.
• The way in which employers are expected to respond to the requests.
• The factors to be considered by the Central Arbitration Committee (CAC) when determining whether access should be granted, and if so under what terms.
• The approach to be taken by the CAC in determining the appropriate level of financial penalties linked to breaches of access agreements.

Duty to inform workers of their right to join a union

Under the ERB, a new duty will be imposed on employers to provide their workers with a written statement underlining their rights to join a trade union. This must be provided at the start of their employment and at other times (with the specifics yet to be decided).

The Department for Business and Trade is seeking views on how this new duty can be implemented successfully with minimal disruption to employers. The consultation invites feedback on:

• The form and format the statement should take.
• The content requirements to be included within the statement.
• The method of delivery to employees.
• The frequency with which the statement should be reissued following the commencement of employment.

The Employment Rights Bill

We’re closely monitoring the progress of the Employment Rights Bill, which is progressing through the final stages and is scheduled to return to the House of Lords on 28 October 2025. The Lords will consider the amendments made by the House of Commons and vote on whether to accept them. It is widely anticipated that the amendments will be approved (in line with political convention) which would pave the way for the Bill to receive Royal Assent in early November 2025. Watch this space, (we sure are!).

For more information on these proposed amendments and our thoughts on whether or not they are likely to be successfully implemented, please see our recent article: Employment Rights Bill – a roadmap, amendments, and ping-pong from the House of Lords | Foot Anstey.

No fees for employment tribunal claims confirmed to stay

This month, Justice Secretary and Deputy Prime Minister David Lammy brought an end to media speculation over the reintroduction of employment tribunal fees, confirming that the Government will not proceed with the controversial proposals following strong opposition from trade unions.

Lammy stated:

“It’s not just a basic right,  it’s fundamental to this government’s plan to make work pay. That’s why it will remain free to bring a case to an employment tribunal, ensuring everyone, regardless of means, can stand up for their rights at work.”

Available training for managers.

Given the significant changes due to be brought about by the ERB there is no better time to upskill your managers via our transformational management development programmes to reduce risk, increase engagement, and enhance motivation. Details of our current programmes can be found here.

Please contact Joanne Boyle, Legal Director, if you would like to discuss further how we can support your organisation.