The Employment Rights Bill contains a suite of reforms aimed at making workplaces more family-friendly to protect and support employees with family and caring responsibilities.
Stronger protection for pregnant women and new parents
Under current laws, a woman on maternity leave, whose role is at risk of redundancy, has a right to be offered a suitable alternative role (if one exists) ahead of other employees at risk. The Bill proposes to provide greater job security for new and expectant parents by preventing employers from dismissing a woman who is pregnant, on maternity leave, or within 6 months after returning from maternity leave, for any reason, except in ‘specific circumstances’ (which are to be confirmed but likely to be gross misconduct or genuine redundancy). This protection is likely to also cover those employees on other forms of family leave such as adoption leave, shared parental leave and neonatal care leave.
Day-one rights to parental leave and pay
Fathers/partners will be eligible to take their 2 weeks’ Paternity Leave from day one of employment, instead of requiring the current 26 weeks’ service. Parents will be eligible to take up to 18 weeks’ unpaid Parental Leave from day one of employment, instead of requiring the current 1 year’s service. So, any new hire, who becomes a parent, will be eligible to take these forms of family leave without having to earn it through tenure.
Bereavement Leave
There is also a new general right to Bereavement Leave. Currently, there is a statutory right to two weeks’ paid leave for parents who suffer the death of a child under 18. The Bill introduces a day-one right to at least one week of Bereavement Leave for employees who lose a close family member. The specific relationships are yet to be defined, but it is expected to include spouse/partner, parent and sibling.
Neonatal Care Leave
Since 6 April 2025, employees are entitled to up to 12 weeks’ of Neonatal Care Leave (and pay) if their baby is receiving neonatal care for seven days or more. This leave is in addition to existing parental leave entitlements.
Employers are advised to implement these changes fairly by updating and reviewing family friendly policies, removing service requirements where applicable, adding new entitlements, tightening dismissal protocols and planning for cover and transitions. This will ensure employers are proactively welcoming these changes and committing to being a supportive and caring employer through life’s important moments.
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