The UK government has launched two major consultations under the ERB (Employment Rights Bill) on enhanced dismissal protection for pregnant women and new mothers and bereavement leave.

Currently pregnant employees, those on maternity leave, and those returning (up to 18 months post-birth) have priority for suitable alternative roles in redundancy situations. The ERB intends to extend this protection to all forms of dismissal during a newly defined “Protected Period,” making termination unlawful unless explicitly allowed by law. This would represent a significant change from the existing rules where dismissals unrelated to pregnancy or maternity may still be lawful if they meet established fair dismissal criteria.

As part of the consultation, the government are considering whether the existing fair reasons for dismissal should be varied or removed and when the Protected Period should begin and end.

The second consultation covers a proposed new right to bereavement leave under the ERB, available from day one of employment. Employees would be entitled to at least one week of unpaid leave following the death of a loved one including pregnancy loss before 24 weeks. The consultation will consider who should be eligible, how flexible the leave should be, and what notice or evidence (if any) employers should be permitted to require.

Both consultations close on 15 January 2026, with legislation expected to take effect in 2027.

 

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