Managers and HR teams should prepare for stronger protections against dismissal for those on family leave, alongside new rights and entitlements that will affect policies and workforce planning.

What is the current situation?

Parents are entitled to statutory maternity leave, paternity leave, shared parental leave, adoption leave, and unpaid parental leave to care for their children. Currently, statutory paternity leave is only available after 26 weeks of continuous employment, while unpaid parental leave requires one year of service.

Since April this year, parents whose babies require neonatal care after birth may be eligible for statutory neonatal care leave.

Employees on certain types of statutory family leave have priority in a redundancy situation; they must be offered any suitable available vacancy before it is offered to other employees. This currently applies to those on maternity leave, adoption leave, shared parental leave, neonatal care leave, pregnant employees, and those who have recently returned from maternity or adoption leave, as well as, in some circumstances, shared parental or neonatal care leave.

At present, there is no statutory right to bereavement leave, other than parental bereavement leave, which is available when a child dies under the age of 18 or is stillborn after 24 weeks of pregnancy.

Employees also have the right to request flexible working arrangements, such as remote work, job-sharing, and compressed hours. (These flexible working rights will also be strengthened under the Employment Rights Bill.)

What’s changing and when?

The Employment Rights Bill introduces a range of new measures to better support working families.

• Wider protection from dismissal — not just redundancy, for pregnant employees and those on, or returning from, certain types of family leave. Further details will follow after consultations planned for Autumn 2025.
• Day-one rights for statutory paternity leave and unpaid parental leave — removing the need for a qualifying period of service. The Bill will also remove the rule that paternity leave must be taken before shared parental leave or be lost, giving employees more flexibility in how they structure time off.
• A statutory right to unpaid bereavement leave — at least one week for employees who lose a loved one. Autumn 2025 consultations will determine which relationships qualify and how the leave can be taken.
• A statutory right to bereavement leave for miscarriages before 24 weeks — ensuring parents in these circumstances can take time away from work.

The changes will be phased in. Day-one rights for paternity leave and unpaid parental leave will take effect in April 2026. Extended dismissal protections and the general right to bereavement leave are expected from April 2027. The implementation date for miscarriage-related bereavement leave has not yet been confirmed.

What you need to do now

• Review and prepare to update family leave policies so they are ready to reflect the new entitlements when they take effect.
• Provide training and guidance for managers on how to apply the rules correctly, particularly once the finer details are confirmed in regulations.

How Bhayani Law can help you

Whether you already work with us or are considering our support for the first time, we can help you plan for these legislative changes and protect your organisation from compliance risks.

Already working with Bhayani Law?

You will receive regular updates from us as new laws are introduced, so you can remain compliant.

We offer detailed HR and employment law resources, including template policies and letters covering family leave, on our Watertight HR Hub.

If you have questions or need advice, your dedicated advisor can assist with reviewing and updating policies, as well as advising on complex cases.

Our HR and legal team can also provide hands-on project support to ensure your organisation is ready for the changes.

New to Bhayani Law?

You do not have to prepare for these reforms alone. Whether you need one-off guidance or ongoing HR and legal support, we offer tailored services to suit your needs and help your business stay compliant.