The Employment Rights Bill is currently progressing through Parliament, with several significant amendments recently announced. Employers should take note of these proposed changes, which relate to the handling of harassment issues and pregnancy loss in the workplace.

1. New Limits on Non-Disclosure Agreements (NDAs)

One key proposal within the Bill is the restriction of NDAs used to prevent employees from speaking out about harassment, including sexual harassment and workplace discrimination.

Such clauses – often included in settlement agreements – will no longer be legally enforceable if their intention is to stop individuals from discussing their experiences of harassment or discrimination.

Importantly, the protection will also extend to witnesses, meaning those who have observed or supported someone through harassment will not be bound by confidentiality agreements.

In short, the use of NDAs to silence allegations or deter individuals from raising concerns about workplace harassment will no longer be supported under the proposed legislation.

2. Pregnancy Loss Before 24 Weeks: New Bereavement Leave Right

Another notable amendment introduces the right to bereavement leave for families affected by pregnancy loss before 24 weeks.

Currently, statutory Parental Bereavement Leave only applies in cases of child loss under 18 or stillbirth after 24 weeks of pregnancy. This proposed change acknowledges that the emotional impact of pregnancy loss is not determined by gestational age.

What Employers Should Be Doing

Once the Bill becomes law, employers will be required to offer protected bereavement leave from day one of employment for pregnancy loss.

Now is a good time to review your company’s bereavement and sickness policies, ensuring they are aligned with the forthcoming changes and reflect a compassionate and inclusive approach.

Many organisations have already adopted more supportive frameworks for employees facing pregnancy loss, and this legal change aims to bring consistency and clarity across all workplaces.

The Bigger Picture: A Broader Reform Agenda

These developments are part of a wider set of measures within the Employment Rights Bill, designed to improve workplace protections and job security. The government has stated that the Bill aims to support both employees and employers, enabling businesses to build sustainable, resilient teams while better safeguarding individuals during major life events.

Staying Prepared

We recommend keeping an eye on the Bill’s progress through Parliament. Early preparation will help ensure your policies, processes, and internal communications are ready in advance of any new legal requirements.

For more details on the proposed NDA reforms, see -bhttps://www.gov.uk/government/news/ban-on-controversial-ndas-silencing-abuse

For more information on the bereavement leave provision, see  – https://www.gov.uk/government/news/employment-rights-bill-to-increase-bereavement-leave-for-families-who-face-pregnancy-loss