Ongoing consultations
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Improving access to flexible working
The government are seeking views on a new process for employers to follow when handling flexible working requests, as well as insights on flexible working practices more broadly.
- Opened 5 February 2026
- Closes 30 April 2026
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Recognition code of practice and e-balloting unfair practices
The Employment Rights Act (ERA) makes several changes to the statutory trade union recognition process to ensure that workers have a meaningful right to organise through trade unions.
Before the changes can come into effect, the code of practice on access and unfair practices during recognition and derecognition process (‘the code’) must also be updated to reflect the legislative changes.
The government has redrafted the existing version of the code and is now seeking views on these changes before the code is finalised and brought into effect.
- Opened 4 February 2026
- Closes 1 April 2026
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Fire and rehire – changes to expenses, benefits, and shift patterns
The Employment Rights Act 2025 will introduce new protections to prevent unscrupulous fire and rehire practices. The government wants to ensure the rules are fair for both employees and employers.
- Opened 4 February 2026
- Closes 1 April 2026
Recent consultations
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Duty to inform employees of right to join union
A new duty on employers to give a written statement to their workers informing them of their right to join a trade union at the start of their employment and at other times.
- Opened 12 October 2025
- Closed 18 December 2025
Consultation outcomes to be provided soon. Check the consultation outcomes for results.
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Trade union right of access
Formalise a trade union right of access by establishing a statutory right for trade unions to access workplaces physically (to communicate with workers in person and also digitally).
- Opened 12 October 2025
- Closed 18 December 2025
Consultation outcomes to be provided soon. Check the consultation outcomes for results.
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Bereavement leave
Day 1 right to unpaid bereavement leave for employees who experience the loss of a loved one, including
pregnancy loss before 24 weeks.- Opened 23 October 2025
- Closed 15 January 2026
Consultation outcomes to be provided soon. Check the consultation outcomes for results.
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Rights for pregnant workers
It will be unlawful to dismiss pregnant women and mothers on Maternity Leave, and mothers who return to work for at least a six-month period after they return (‘the protected period’), except in specific circumstances.
- Opened 23 October 2025
- Closed 15 January 2026
Consultation outcomes to be provided soon. Check the consultation outcomes for results.
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Electronic and workplace balloting for statutory union ballots
The government will introduce a new statutory code of practice on electronic and workplace balloting to accompany the introduction of these methods for statutory union ballots. This new code will provide practical information on the conduct of these ballots. Have your say in shaping this code.
Opened 19 November 2025
Closed 28 January 2026
Consultation outcomes to be provided soon. Check the consultation outcomes for results.
Consultation Outcomes
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Fair Pay Agreement for adult social care
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Making Work Pay: The application of zero hours contracts measures to agency workers
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Making Work Pay: creating a modern framework for industrial relations
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Making Work Pay: collective redundancy and fire and rehire
Link to outcome: Making Work Pay: collective redundancy and fire and rehire - GOV.UK
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Making Work Pay: Strengthening Statutory Sick Pay
Link to outcome: Making Work Pay: Strengthening Statutory Sick Pay - GOV.UK
Return to the Employment Rights Act Hub here.