Employment Rights Bill: New Measures Announced for NDAs and Bereavement Leave for Pregnancy Loss

The Employment Rights Bill is currently making its way through Parliament, and some important amendments have been announced that employers will want to be aware of.

These two updates relate to how employers handle issues of harassment and pregnancy loss.

1. Non-Disclosure Agreements (NDAs): New Restrictions on Use

The Bill includes a proposal to ban the use of NDAs that prevent employees from speaking out about harassment, including sexual harassment and workplace discrimination. These clauses, which can often be found in settlement agreements, will no longer be enforceable where their purpose is to stop someone from discussing such experiences.

Witnesses will also be protected – meaning that individuals who have seen or supported someone through harassment can speak up without risk of breaching confidentiality.

This means that where NDAs have been used to silence or discourage people from speaking about an allegation of harassment or discrimination, that approach will no longer be supported by law.

2. Bereavement Leave for Pregnancy Loss: A New Legal Right

Another key amendment introduces a new right to bereavement leave for families affected by a pregnancy loss before 24 weeks.

Currently, statutory Parental Bereavement Leave only applies where parents lose a child under 18 or experience stillbirth after pregnancy has reached 24 weeks. This change recognises that grief doesn’t depend on how far along a pregnancy was.

What to consider:

Employers will need to offer protected time off for pregnancy loss from day one of employment, once the Bill becomes law.

This is a good opportunity to review your bereavement and sickness policies, and make sure they reflect the needs of employees going through these difficult experiences.

Many businesses have already taken steps to build more compassionate policies in this area, and this change will help ensure greater consistency and clarity across the board.

Wider context: The Plan for Change

These proposals sit alongside wider measures in the Bill aimed at improving job security and working conditions. The government has said these reforms are intended to support both workers and businesses, helping employers build strong, sustainable teams while protecting people through major life events.

We’d recommend that you continue to monitor developments as the Bill progresses through Parliament. This will allow you to be ready with your policies and communications with staff.

To review more information on the NDAs measure, see here. To review more information on the measure for bereavement leave, see here.