How will the Employment Rights Bill will impact family friendly measures?

The Employment Rights Bill promises to bring significant changes to the employment landscape, in particular where family-friendly measures are concerned. These changes are designed to create a more supportive and inclusive workplace for employees.

What is changing?

• enhanced parental leave

one of the cornerstone measures in the Employment Rights Bill is the enhancement of parental leave entitlements to provide parents with greater flexibility and support during the early stages of a child's life. The proposal provides for both statutory paternity leave and unpaid parental leave to become available from the first day of employment, removing the current qualifying periods (although the qualifying period for statutory paternity pay is unchanged). In addition, the Bill will allow for paternity leave to be taken following a period of shared parental leave. The government intends these changes to come into force from April 2026.

• statutory bereavement leave

The Bill introduces a new day one right to one week of unpaid bereavement leave following the death of a dependent, and regulations will set out what relationships will be classed as dependent. The latest amendments that are being discussed also include making clear that the Bill extends bereavement leave to include pregnancy loss prior to 24 weeks.  The government intends this right will come into force in 2027.
Where the person who has died is a child, the current entitlement to two week’s parental bereavement leave, and to statutory parental bereavement pay will continue, subject to eligibility requirements.

• flexible working enhancements

The Bill amends the current process so that an employer will only be able to refuse a flexible working request on one of the specified grounds if it is reasonable to refuse the request on those grounds. Where a flexible working request is refused, employers will also be required to explain to the employee what grounds they are relying on and why the employer believes the decision to refuse on those grounds is reasonable. These changes will also come into force in 2027.

• dismissal protection

under the Bill, protection against dismissal will be strengthened for employees during or after a protected period of pregnancy, extending the current provisions relating to redundancy.  Regulations are also planned to provide protection in respect of dismissals after periods of various statutory family leave, including adoption and shared parental leave. It is not clear at this stage what the protection will look like and the draft regulations are awaited to provide more detail. The indications so far are that the protected period will last for six months from the employee returning to work.

Regulations will also set out additional protections regarding redundancy or dismissal during or after pregnancy including the process to be followed by employers such as specific notices to be given, evidence the employer will need to produce, and other procedures that will need to be followed as well as the consequences of not meeting those requirements. The government intends these changes will come into force in 2027

Consultation Points

While some aspects of the family-friendly measures are clearly defined, it is clear that more detail is required and some areas will be subject to consultation. The government has confirmed that it will consult on the requirement to give reasons for refusing a flexible working request during Winter 2025 / early 2026 with a view to the changes coming into force from 2027. Consultation on bereavement leave and the extended dismissal protection having taken family leave is due this Autumn, although again it is not intended for the provisions to come into force until 2027.

HR professionals should look out for these consultations to understand the potential impacts on their organisations and to provide feedback where possible in order to shape how these proposals are implemented in practice.

What can employers do now to prepare for the changes?

• review current policies: Employers should start by reviewing their existing family-friendly policies and practices. This review should identify any gaps or areas that may need adjustment to comply with the new measures. It is also an excellent opportunity to engage with employees to understand their needs and preferences.
• update HR policies and procedures: Once the final details of these measures are confirmed, employers will need to update their HR policies and procedures accordingly. This may include revising employee handbooks, updating leave management systems, and training HR personnel and managers on the new provisions.
• communicate changes to employees: Clear communication is essential to ensure that employees understand the new measures and how they can benefit from them.

Conclusion

The proposed family-friendly measures under the Employment Rights Bill represent a significant step forward in creating a more inclusive and supportive working environment. It is also worth noting that alongside the Bill, the government has launched a comprehensive review of all parental leave and pay rights, which will run for 18 months before suggesting further changes to law and policy, as well as issuing a call for further evidence which closes on 25 August 2025. The review is likely to lead to calls for further reforms in this area, particularly around increasing fathers’ participation in childcare during the first year and generally making parental rights less confusing and easier to use.

Understanding the planned changes as they are finalised and proactively preparing for their implementation, will be key in helping organisations navigate the transition smoothly and enhance their reputation as family-friendly employers.