ERB UPDATE - OCTOBER 2025

The Employment Rights Bill (ERB) is currently back in the House of Lords on 28 October before receiving Royal Assent. In the meantime, the Liberal Democrats are pushing for a change to the guaranteed hours scheme for zero hour contracts, adding a requirement to check that the staff member wants guaranteed hours before an employer needs to calculate and make the offer.

Yesterday the Government announced four new consultations on rights to be introduced in the upcoming Employment Rights Bill (ERB).

• Bereavement leave and pregnancy loss

  The day-one right to unpaid bereavement leave is consulting on eligibility criteria, types of loss in scope, when and how bereavement leave can be taken, and notice/evidence requirements.

• Enhanced dismissal protections for pregnant women and new mothers

  Making it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who are in a 6 month window of return to work. The consultation is seeking views on the circumstances when dismissal should be lawful, when protections should apply, and whether other new parents should be covered by similar protections, as well as other changes that could tackle discrimination of this type.

• Trade union right of access

  Consulting on how access to premises will be requested by unions, how employers will respond.

• The duty to inform workers of a right to join a union

  Consulting on how the statement should be made and what content should be included, and how the statement will be delivered or reissued.

What is apparent is that so much of the ERB, despite imminently obtaining Royal Assent, is yet to be determined.

We will be keeping up to date with developments, so please do follow us on LinkedIn and ensure you subscribe to our newsletter, HR Matters, for the latest updates.