The Government’s Make Work Pay consultations: what’s on the table, and why it matters

The Government recently opened four consultations under its Make Work Pay agenda. Together, they aim to modernise workplace rights while giving employers clearer rules to follow.  

We’ve collated a run-through of each proposal, so you don’t have to.  

Pregnancy and maternity dismissal protections 

Government proposes to make it unlawful to dismiss a woman who is pregnant, on maternity leave, or within at least six months of returning to work, except in specific circumstances. The consultation asks how this should work in practice, how it fits with redundancy processes, and what evidence and procedure should apply.  

 We think the direction is right. Clearer protection reduces the risk of poor decisions at stressful moments and helps good employers do the right thing. Two points matter for smaller employers: first, clarity on “specific circumstances”, so managers know the bar they must meet; second, a simple, proportionate process that does not force small teams into legalistic steps they cannot resource. We will argue for model templates, plain-English guidance, and an evidence standard that is robust but workable for firms without in-house HR. 

The consultation closes on 15 January 2026.  

A day-one right to bereavement leave, including pregnancy loss before 24 weeks 

Government propose a new day-one statutory right to unpaid bereavement leave, explicitly covering pregnancy loss before 24 weeks. The consultation tests eligibility, length of leave, notice and whether any evidence should be required, and how this sits alongside existing leave and pay.  

We think that a clear floor for compassionate time off is humane, reduces ad-hoc case-by-case wrangling, and will ultimately support staff retention. For small firms, the key is predictable rules with minimal admin. We will support a light-touch notice process, discourage burdensome proof requirements, and ask for a short, standard policy template so micro-employers can adopt it quickly. 

The consultation closes on 15 January 2026.  

Duty of employers to tell workers about their right to join a trade union 

Government plans a duty for employers to give workers a written statement about their right to join a trade union at the start of employment and at other times. Views are sought on timing, format, record-keeping and enforcement.  

This should be straightforward if designed well. Most small businesses can add a standard line to offer letters or day-one onboarding emails and tick a box in their joiners' checklist. The risk is creeping into complex record-keeping or duplicate notices.  

The consultation closes on 18 December 2025.  

A framework for trade unions to access workplaces (physical and digital) 

The proposal would create a process for unions to request access to workspaces, including digital access, to speak with workers. It covers how requests are made and handled, negotiation periods, referral to the Central Arbitration Committee (CAC), what counts as reasonable access (frequency, notice, where and how on site), when access should not be granted, and a penalties/fines regime set in secondary legislation. It applies in England, Wales and Scotland (not Northern Ireland). 

Access needs a fair, workable protocol that respects worker rights and allows small firms to keep trading. To help ensure a smooth rollout occurs, the measure will require clear guardrails: safe, non-disruptive areas for on-site conversations; reasonable notice; protection of confidential and customer-sensitive spaces; and a digital option where on-site access is impractical. If the measure entails enforcement for non-compliance, it must be proportionate, focused on fixing issues quickly rather than catching smaller employers out. 

The consultation will close on 18 December 2025. 

What small businesses need 

Clear definitions, simple templates, and proportionate enforcement. In practice, that means: 

• precise wording on “specific circumstances” for dismissal;  

• a short, standard bereavement policy and light-touch notice;  

• one clear form of words to inform workers about union rights, issued at obvious trigger points only;  

• a workable union-access protocol with reasonable notice, safe spaces, and a digital option.

Keep record-keeping minimal, align with existing onboarding and HR steps, set graduated penalties that fix problems fast, and give micro-employers plain-English guidance and a sensible lead-in period. 

How to respond 

• Enhanced dismissal protections - respond here. 

• Bereavement leave (incl. pregnancy loss) - respond here.  

• Duty to inform about union membership - respond here.  

• Union access to workplaces – respond here.  

If you want your experience fed into our direct representation to government, please email Daniel Woolf with a short note on what works, what does not, and any fixes you would suggest.