The government has launched consultations on new measures in the Employment Rights Bill for bereavement leave, and protections for pregnant women and new mothers at work.
Employers and workers are invited to share their views on how employment reforms should work in practice.
Clause 18 of the Employment Rights Bill introduces a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. The government says this addresses a longstanding gap in statutory support and recognises that pregnancy loss can be experienced as a bereavement.
The bill sets out statutory minimum requirements, including a minimum leave period of one week and a window of at least 56 days for the employee to take the leave. It also states that the entitlement must include protection against unfair treatment as a result of taking leave, protection of contractual rights while on leave, and protection against unfair dismissal.
The first consultation on bereavement leave, including pregnancy loss, asks for views on the eligibility for leave, the nature of the relationship with loved ones, types of pregnancy loss that should be in scope, when and how the leave should be taken, and how employees should give notice and provide evidence.
Business secretary Peter Kyle said: “Many, many businesses already ensure their employees have security and dignity at work. That is particularly important in the precious early days of having children or, at the other end of the spectrum, if they experience tragedy and grief. What we’re launching today are vital steps to ensure everyone gets that dignity at work and feels the benefits of economic growth, delivering on our Plan for Change. We’re committed to working in full partnership with businesses and unions to get the detail right on these reforms, because strong employment rights and a growing economy go hand in hand.”
When announcing the consultations, the government referred to 2018 research by the Equality and Human Rights Commission that found that 11% of mothers (up to 54,000 per year) may be dismissed, made redundant or treated so poorly at work that they felt they had to leave.
The second consultation focuses on legislation which will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a six-month period after they return, except in specific circumstances.
Ministers are seeking views on enhancing dismissal protections for pregnant women and new mothers, including: the specific circumstances in which dismissing pregnant women and new mothers should still be allowed, when the protections should start and finish, and whether other new parents should be covered by these protections.
They also want to understand how best to ensure pregnant women and new mothers are aware of the policy, how to best support businesses through the change, how to mitigate against any unintended consequences, and other changes that could be made to tackle pregnancy and maternity discrimination.
Employment rights minister Kate Dearden said: “No family should ever be denied the time and space to grieve, and no mother should face penalties at work for choosing to have children. I know brilliant businesses and unions across the country will welcome the chance to give their views on these reforms, those who know that happy, well-paid and loyal staff are at the heart of building successful companies, driving growth that benefits all.”
Paul Nowak, general secretary at TUC, added: “Stronger protections at work for pregnant women and new mums, as well as better bereavement leave, are long overdue and common-sense changes. For too long, pregnant women and new mothers have been vulnerable to dismissal, and grieving workers have been denied the time they need away from work.”
Both consultations close on 15 January 2026.
