Employment Rights Act 2025: What Employers Need to Know About Trade Union Rights and Bereavement Leave
The Government has provided further clarity on two significant changes arising from the Employment Rights Act 2025: the duty to inform employees of their trade union rights and the introduction of a new statutory right to bereavement leave.
While both measures are still some way off implementation, employers should start preparing now to ensure compliance and avoid any last-minute challenges.
Trade Union Information Rights: Implementation Delayed to January 2027
Employers have been given additional time to prepare for the new requirement to inform workers of their right to join a trade union. The implementation date has been pushed back from 30 October 2026 to January 2027.
Although the delay will be welcomed by many organisations, it is important not to lose sight of the changes ahead.
What Will Employers Need to Do?
Under the new rules, employers will be required to provide workers with a standardised statement explaining their trade union rights. This statement will be prescribed by legislation and cannot be altered, except for the inclusion of workplace-specific information.
The statement is expected to include:
- An explanation of the role and functions of trade unions
- A summary of relevant statutory rights
- Information about any recognised trade unions within the organisation
- Details of any applicable access agreements
- A link to, or copy of, the Certification Officer’s official list of trade unions
The Government is expected to publish the final wording of the statement in due course.
When Must the Information Be Provided?
For new starters, the statement must be issued alongside their employment contract or written statement of employment particulars.
For existing employees, the information must be provided annually by 5 April each year.
This can be done:
- Directly, such as by email or letter
- Indirectly, via an intranet, employee portal or workplace noticeboard
Where an indirect method is used, employers must remind workers where the information can be accessed before the annual deadline.
What Are the Risks of Non-Compliance?
Failure to comply could result in compensation of between two and four weeks’ pay (subject to the statutory weekly cap). However, this penalty can only be awarded where it is attached to another successful Employment Tribunal claim.
What Should Employers Do Now?
Although the official statement has not yet been published, employers should begin considering:
- How the information will be distributed
- Whether direct or indirect communication methods are most appropriate
- How annual reminders will be managed and recorded
- Any internal processes needed to support ongoing compliance
Early planning will help ensure a smooth rollout when the regulations come into force.
Bereavement Leave: A New Day One Right from April 2027
The Government has also confirmed further details of the new statutory right to bereavement leave, which is expected to take effect in April 2027.
This represents a significant expansion of support for employees experiencing the loss of a loved one or pregnancy loss.
Who Will Be Eligible?
Bereavement leave will be a Day One employment right, meaning employees will not need a qualifying period of service before accessing it.
The entitlement will be unpaid and separate from the existing statutory parental bereavement leave provisions.
The right will apply following the death of:
- A spouse or civil partner
- A partner in a long-term committed relationship
- A parent
- An adult child
- A sibling
Coverage will also extend to:
- Foster relationships
- Kinship care relationships
- Step relationships
- Half-family relationships
- Adoptive family relationships
Importantly, the statutory entitlement will not generally cover extended family members such as grandparents, grandchildren, aunts, uncles, cousins, in-laws or close friends.
Pregnancy Loss Included
One of the most notable aspects of the new legislation is the inclusion of pregnancy loss before 24 weeks.
The entitlement will cover:
- Miscarriage
- Termination of pregnancy
- IVF embryo transfer loss
However, it will not extend to pre-transfer embryo loss or unsuccessful fertilisation treatment.
Those eligible for leave in these circumstances may include:
- The individual who was pregnant
- The other biological parent
- A spouse, civil partner or partner
- Intended co-parents
- Intended parents in a surrogacy arrangement
How Much Leave Can Be Taken?
Employees will be entitled to up to two weeks’ leave, calculated on a pro-rata basis where appropriate.
The leave can be taken:
- As a continuous block
- As individual days
- At any point within 56 weeks of the bereavement or pregnancy loss
The 56-week period will begin from:
- The date of death
- The date of pregnancy loss
- The date the employee became aware of the death or pregnancy loss
Notice Requirements
The notice process has been designed to be relatively straightforward.
Employees must notify their employer:
- Before their first day of leave where possible, or
- As soon as reasonably practicable during the first eight weeks following the bereavement
After the initial eight-week period, employees will generally need to provide one week’s notice before taking leave.
Notably, there will be:
- No requirement for evidence
- No prescribed notice format
Final Thoughts
While neither change takes effect immediately, both represent important developments in the UK’s evolving employment law landscape.
The delayed implementation of the trade union information requirements offers employers valuable time to prepare effective communication processes, while the introduction of bereavement leave reflects a growing recognition of the support employees need during some of life’s most difficult moments.
For employers, the key message is simple: start planning now. Reviewing policies, communication methods and manager training well in advance will help ensure your organisation is ready when these changes come into force.
Need advice on preparing for upcoming employment law changes? Treble Connect’s HR experts can help you review your policies, update your processes and ensure your business remains compliant every step of the way.