The Employment Rights Bill is currently making its way through Parliament, and some important amendments have been announced that employers should be aware of.
These updates relate to how employers handle harassment and pregnancy loss in the workplace.
1️⃣ Non-Disclosure Agreements (NDAs): New Restrictions
The Bill proposes a ban on NDAs that prevent employees from speaking out about harassment, including sexual harassment and workplace discrimination. These clauses, often found in settlement agreements, will no longer be enforceable if their purpose is to silence someone from discussing such experiences.
👥 Witnesses will also be protected — individuals who have seen or supported someone through harassment can speak up without breaching confidentiality.
This means that using NDAs to discourage or prevent people from speaking about harassment or discrimination will no longer be supported by law.
2️⃣ Bereavement Leave for Pregnancy Loss
Another key amendment introduces a new right to bereavement leave for families affected by pregnancy loss before 24 weeks.
Currently, statutory Parental Bereavement Leave only applies when a child under 18 is lost or in cases of stillbirth after 24 weeks. This change recognises that grief is not defined by gestation.
📝 What Employers Should Consider
Once the Bill becomes law, employers will need to offer protected time off for pregnancy loss from day one of employment.
This is a good time to:
• 📄 Review your bereavement and sickness policies
• 💬 Ensure your policies reflect the needs of employees going through difficult experiences
• 🤝 Consider aligning with best practices already adopted by many businesses
🌐 Wider Context: The Plan for Change
These proposals are part of broader reforms aimed at improving job security and working conditions. The government says the goal is to support both workers and businesses — helping employers build strong, sustainable teams while protecting people through major life events.
📌 We recommend keeping an eye on the Bill’s progress through Parliament so you can prepare your internal policies and communications accordingly.
🔗 More on NDAs
🔗 More on bereavement leave