The Employment Rights Bill and miscarriage leave: keeping up with the latest developments
We continue to see changes to the Employment Rights Bill (ERB) with four amendments in just nine days. One such amendment is the inclusion of early pregnancy loss in bereavement rights.
Currently, employees who have lost a child under 18 years old or experience a stillbirth after 24 weeks of pregnancy have a right to two weeks’ paid bereavement leave. The proposed amendments would extend this right to employees who have experienced pregnancy loss as the result of a miscarriage, ectopic pregnancy, molar pregnancy or termination, or an unsuccessful attempt at in vitro fertilisation as a result of embryo transfer loss. Whilst this amendment is not as far reaching as those requested by the Women and Equalities Committee (WEC) which had recommended the law be changed to bring early pregnancy loss in line with existing provisions for baby loss after 24 weeks, it is seen as a positive step by government to recognise the need for all those suffering any form of pregnancy loss.
Development of the ERB
Coming back to the progress of the ERB, the good news is that it has just had its third reading and that should hopefully mean that the amended ERB will be published soon, meaning we will be able to take a breath and be able to consider the whole document.
We don’t yet have a clear idea of when it will come into law (i.e. when it will become the Employment Rights Act – we assume that will be the name) but if the Bill progresses at normal speed, the Bill should receive Royal Assent (which is when the King signs it) before Parliament breaks for the summer in July. That doesn’t mean it will come into force on that date. Once an Act has received Royal Assent, parts of what will then be the Act will come into force on different dates from then onwards.
There has been some speculation amongst legal commentators about when parts of the ERB will come into force. One commentator quoting his “source”, has said that the sections of the ERB that will abolish the ability to fire and rehire (which is likely to have a massive impact) will become law in October 2025, but other commentators are saying that it’s more likely to happen in Autumn 2026. The reality is we will have to wait to get that further clarity.
If you would like to see what’s in the current ERB and what the changes are, please take a look at the recent update prepared by our colleagues at VWV.
Whilst a plan of action seems impossible in the face of so much uncertainty, employers will need to prepare themselves for the changes when they come in, because they will amount to a significant change. We will continue to provide you with updates as and when detail arises and will also consider the likely practical impact of key sections in our regular editions of Spotlight.
