The UK government has launched consultations to focus on two proposals to enhance family-friendly workplace rights. Both consultations run until 15th January 2026, with draft regulations and employer guidance to follow.
Proposal for stronger protection from dismissal during pregnancy and maternity
The Government wants to ban the dismissal of employees during pregnancy, maternity leave, and for a period after returning to work – except in specific circumstances.
Currently, legal protection is limited to a right of first refusal for suitable alternative roles during redundancy.
Key questions for the consultation
- Which of the current grounds for dismissal should still apply – conduct, capability, redundancy, statutory prohibition, or some other substantial reason. Should a stricter test be introduced?
- Should protection begin when the employer is notified about the pregnancy, or earlier? How long should it extend (6 to 18 months?) after returning from maternity leave?
- Should the same protections apply to adoption leave and shared parental leave?
- How will the proposed changes impact employers? The consultation also explores unintended consequences – such as recruitment hesitancy – and how to support compliance.
Proposal of a new right to unpaid Bereavement Leave (including pregnancy loss)
A new statutory right to unpaid bereavement leave is proposed, available from day one of employment. The right would cover both the loss of a loved one and pregnancy loss before 24 weeks.
Key questions for the consultation:
- Which relationships should be covered? For pregnancy loss, should partners and intended parents be included?
- What pregnancy losses should be included? Miscarriage, ectopic and molar pregnancies, medical terminations, and failed IVF are all in scope.
- What leave would be offered? Clarity is needed regarding duration, flexibility, and timing. The current proposal is for a minimum of one week of unpaid leave within 56 days of the loss.
- Recognising the sensitivity of pregnancy loss, should any evidence be required.
The government has invited input from employers, HR professionals, trade unions, and individuals. Early preparation and participation in the consultation process is recommended.
Further reading
- Revised rollout of the Employment Rights Bill
- Read the implementation document in full.
- Employment Rights Bill – Top 8 significant changes – Hunter Law
- Employment Rights Bill: factsheets – GOV.UK
- Post General Election update – How will a Labour Government impact your workplace? – Hunter Law
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