New GB Consultations and comparison with the position and/or proposals in Northern Ireland
On 23 October 2025, the GB government launched four consultations on how to give effect to new rights and duties that will form part of the GB Employment Rights Bill as part of their Make Work Pay plans.
These are:
- Make Work Pay: duty to inform workers of right to join a union
- Make Work Pay: trade union right of access
- Make Work Pay: enhanced dismissal protections for pregnant women and new mothers
- Make Work Pay: leave for bereavement including pregnancy loss
Each Consultation is summarised in more detail below which also summarises the position in Northern Ireland:
Consultation closes: 18 December 2025.
This new duty will be introduced under the Employment Rights Bill and will require employers to provide workers with a written statement informing them of their legal right to join a trade union. The duty is expected to take effect by October 2026.
Northern Ireland: Employers should note that there is a similar proposal contained in the Northern Ireland Good Jobs Bill and it will be interesting to see if the outworkings of this Consultation will shape how the duty will operate in Northern Ireland.
Key Areas of Focus
Form of the Statement: Government’s preference is for a standardised template that employers can issue with workplace-specific details.
Content of the Statement: The proposal is for the statement to include:
- A brief overview of trade union functions, such as representing workers and negotiating on pay, terms, and redundancies.
- A summary of statutory rights under Part 3 of the Trade Union and Labour Relations (Consolidation) Act 1992, including protection from detriment based on union membership.
- A list of trade unions recognised by the employer, if any, to help workers identify available representation.
- A link to a GOV.UK page listing current trade unions, especially useful for workplaces without formal recognition agreements.
This is perhaps more detailed than was expected and is more than a simple statement expressing a right to join a union.
Delivery Method: The proposal is to deliver the statement directly to new workers alongside their statement of employment particulars. However, the Consultation also seeks views on indirect methods.
Frequency of Reissue: The government proposes an annual re-issue of the statement to existing workers. If indirect methods are used (e.g., posters or intranet), annual reminders would still be required.
Again, we had expected that it would have been included in the written statement without any requirement to remind workers of it.
Consultation closes: 18 December 2025
This proposal is to give trade unions a legal right to access workplaces and communicate with workers both in person and digitally and again is expected to take effect in Great Britain by October 2026.
Northern Ireland: It is noteworthy that whilst Northern Ireland is also considering a legal general right of access the way the right will operate in Northern Ireland will differ to how it will work in Great Britain.
Currently, trade unions do not have a general right of access and must rely on voluntary agreements or individual members within a workplace.
The right to request access will be to:
- Meeting, supporting, representing, recruiting, or organising workers
- Facilitating collective bargaining
Access includes physical (on-site) or digital (e.g., via IT platforms or employer-facilitated distribution of materials).
The proposal is that an independent union will submit a formal notice of access to the employer. The employer may agree or object to the request.
If both parties agree, the terms are recorded with the Central Arbitration Committee (CAC) [the equivalent to the Industrial Court in Northern Ireland].
If no agreement is reached within a set timeframe, either party may refer the matter to the CAC. The CAC will assess whether access should be granted based on statutory criteria. It will also determine the terms of access and enforce agreements.
The Consultation is seeking employer views on:
- How unions should request access
- How employers should respond
- What factors the CAC should consider when granting access
- How fines for non-compliance should be determined
- A statutory Code of Practice will be consulted on in spring to provide practical guidance for implementation.
Consultation is open until 15 January 2026.
The third Consultation is around making it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers for at least six months after they return to work—except in very specific circumstances.
Northern Ireland: Currently Northern Ireland are not considering similar proposals here. Under the Good Jobs Bill, NI’s plans are to enhance protection from redundancy for pregnant employees and those taking family leave by extending the redundancy protection period to 18 months from date the child is born. This would align Northern Ireland to the current position in Great Britain.
The aim is to tackle ongoing pregnancy and maternity discrimination in the workplace. The Consultation is seeking views from employers and other stakeholders on how this new protection should work in practice.
Key areas under review include:
- What specific circumstances should still allow dismissal during the protected period?
- When the protections should begin and end (i.e. what the protected period should be)
- Whether other new parents (e.g. fathers, adoptive parents) should be covered
- How to ensure women are aware of their rights
- How to support businesses through the change
- How to avoid unintended consequences, such as hiring hesitancy
- Whether additional steps should be taken to tackle pregnancy and maternity-related disadvantage
Two main options are being considered:
- A stricter fairness test: Employers would need to meet a higher standard when dismissing someone in the protected group, even if a fair reason exists.
- Limiting or removing some fair dismissal reasons – For example, narrowing the ‘conduct’ ground to only cover serious misconduct, or removing ‘capability’ and ‘some other substantial reason’ as valid grounds.
4. Make Work Pay: leave for bereavement including pregnancy loss
Consultation is open until 15 January 2026.
In Great Britain the government aims to introduce a new day-one right to unpaid bereavement leave under the Employment Rights Bill, which includes leave for employees who experience the loss of a loved one or pregnancy loss before 24 weeks. The consultation seeks views on defining who should be eligible for this leave, including the types of relationships that qualify and the forms of pregnancy loss that should be covered. It also explores whether others affected by pregnancy loss—such as partners or intended parents—should be entitled to leave.
In addition to eligibility, the consultation covers practical aspects such as the duration of leave, when it can be taken, and how flexible the arrangements should be. It also considers notice and evidence requirements, including how much notice employees should give and whether employers should be allowed to request proof of bereavement. While the leave will be unpaid, employers are encouraged to go beyond the statutory minimum to support staff wellbeing and morale.
Northern Ireland: In Northern Ireland, from 6 April 2026, statutory parental bereavement leave and pay will be extended beyond those proposed in Great Britain. Under these changes, employees in Northern Ireland will have a day-one right to statutory parental bereavement pay following the stillbirth or death of a child, without needing to meet the usual 26-week employment threshold. In addition, miscarriage up to 24 weeks will also be recognised as a qualifying event for bereavement leave from the first day of employment.
These entitlements apply specifically to individuals who are gainfully employed in Northern Ireland and paying Class 1 National Insurance Contributions.
Conclusions
It’s important for businesses in Northern Ireland to understand that — apart from SSP — the proposals currently being consulted on in Great Britain do not apply in Northern Ireland.
There are some similarities in the areas being reviewed as part of the Make Work Pay and Northern Ireland Good Jobs Bill, key differences still remain.
We will continue to keep members updated on any changes. If you have any questions, please contact the Legal team.