Consultations launched
Today, Government published four consultations under the Employment Rights Bill (ERB): two relating to trade union rights and access, closing on 18 December 2025, and another two on family friendly rights closing on 15 January 2026.
Below is a short summary of what each one covers, and how to engage with the BRC to inform our response on behalf of the retail industry.
1. Right of Trade Unions to Access Workplaces
Under current law, trade unions do not have a general right of access to workplaces – access is usually agreed voluntarily between the employer and the union. Government is committed to revert that, by creating a statutory right of access for independent trade unions.
Accordingly to the proposals, unions would be able to meet and communicate with workers for the purposes of:
- meeting, supporting, representing, recruiting or organising workers; and
- facilitating collective bargaining.
The consultation seeks views on how this new right should operate in practice, including:
- how unions can request access and how employers can respond.
- how agreements can be recorded and enforced through the Central Arbitration Committee (CAC); and
- what factors the CAC should consider when deciding whether access should be granted.
The proposals include an enforcement process allowing the CAC to hear complaints and issue fines for breaches of access agreements.
The BRC have already engaged with the Department for Business and Trade (DBT) on this ahead of the consultation and will continue to do so. We’ll submit a response on behalf of members and welcome your input to shape that. We also recommend that members respond directly to this consultation were possible.
Follow this link to read the full consultation papers and list of questions. Please contact Luiza at luiza.gomes@brc.org.uk by Wednesday 3rd December to submit written feedback or to arrange a meeting.
2. Duty to Inform Workers of Their Right to Join a Trade Union
This second consultation focuses on the new duty for employers to inform all workers of their legal right to join a trade union.
Currently, there is no requirement for employers to tell workers about this right and Government plans to revert that with the view that increased awareness could strengthen worker representation and help build constructive industrial relations.
This consultation does not revisit the principle of introducing the duty (which is already in the Bill), but instead asks for feedback on how it should be implemented in a way that is practical and proportionate. Specifically, it seeks views on:
- the form and content of the written statement;
- how it should be delivered (directly or indirectly); and
- how often it should be reissued after employment begins.
Responses will help shape the secondary legislation that will set out the final detail of this new employer duty.
The BRC will submit a response on behalf of members and welcome your input to shape that. We also recommend that members respond directly to this consultation were possible.
Follow this link to read the full consultation papers and list of questions. Please contact Luiza at luiza.gomes@brc.org.uk by Wednesday 3rd December to submit written feedback or to arrange a meeting.
3. Enhanced dismissal protections for pregnant women and new mothers
This consultation will consider views on whether the existing 'five potentially fair reasons for dismissal' - conduct, capability, redundancy, statutory prohibition, or 'some other substantial reason' - should be changed or narrowed in relation to pregnant women and new mothers (those with children under 18 months old). The measure aims to 'tackle any workplace disadvantage triggered by pregnancy and maternity, and to support women who have experienced this'.
With this in mind, the consultation considers the following:
- In which circumstances dismissal of a pregnant woman or new mother would be considered fair
- At what point new protections should start
- Any potential unintended consequences that may surface as a result
- How businesses can be supported as the policy is implemented.
The BRC will submit a response on behalf of members and welcome your input to shape that. Follow this link to read the full consultation papers and list of questions.
Please contact Ben at ben.george@brc.org.uk by Friday 19th December to submit written feedback or to arrange a meeting.
4. Leave for bereavement, including pregnancy loss
The government intends to expand the current scope for bereavement leave, through the introduction of unpaid bereavement leave, including for pregnancy loss before 24 weeks. This will be a day one right.
The consultation covers the below:
- Eligibility: the circumstances in which someone is entitled to bereavement leave.
- When and how bereavement leave can be taken: including questions on how long the period should be, and levels of flexibility.
- Notice and evidence requirements: the required levels of notice and evidence, and what more government can provide to support employers.
Follow this link to read the full consultation papers and list of questions. The BRC will submit a response on behalf of members and welcome your input to shape that.
Please contact Ben at ben.george@brc.org.uk by Friday 19th December to submit written feedback or to arrange a meeting.
