Autumn pressures ahead? Navigating workforce expectations

29 August 2025

Autumn pressures ahead? Navigating workforce expectations

As the autumn leaves start to fall, pressures at work are rising. Employers are facing a combination of rising employee expectations, new employment rights, and increased union activity. Below, we consider some key areas of change.


Fire and Rehire


The Employment Rights Bill is undergoing significant amendments, focussing on areas such as fire and re-hire practices, bereavement leave for pregnancy loss, and agency worker pay rules. Formal consultations in relation to the Employment Rights Bill are scheduled for autumn 2025, ahead of planned rollouts of major changes. 


Further changes are on the way in relation to the use of ‘fire and rehire’ practices. The most controversial provision (automatic unfair dismissal for employees who refuse new contract terms) has been narrowed. It will apply only where the proposed changes involved specific ‘restricted terms’, such as:


  • pay and pensions;
  • working hours;
  • holiday entitlement;
  • clauses that give the employer power to vary terms without consent.


Where other (non-restricted) terms are involved, Tribunals will be asked to take a balanced view, applying a statutory checklist that considers:


  • the employer’s reasons for the proposed variation;
  • the nature and quality of the consultation process;
  • the fairness of the dismissal in context.


Local authorities and certain public bodies may be able to justify changes more readily in cases of financial distress. For example, local authorities must show that financial pressures threaten their ability to meet statutory functions. The Government has confirmed that a public consultation will be launched later this year to finalise supporting regulations, although the scope and format of this are still under wraps.


These developments do not prohibit fire and rehire practices, but they do tighten the rules significantly. Employers proposing significant contractual changes will need to proceed carefully, document consultation thoroughly, and prepare for more intense legal scrutiny where dismissals arise.


If your business is planning changes to pay, hours, or other core employment terms, Boardside Law would be pleased to help you design a process that balances business needs with legal risk.


Pregnancy loss: new bereavement leave


A new statutory right to bereavement leave following pregnancy loss is on the horizon, and for the first time, it will apply to both parents and cover early-stage losses before 24 weeks.


The right will be a day-one entitlement to at least one week’s unpaid leave, designed to give parent space to grieve without worrying about work.


The draft legislation defines pregnancy loss broadly as: ‘The ending of a pregnancy after less than 24 weeks in any way other than by a live birth.’ This definition is intentionally inclusive and covers loss following IVF, miscarriages, and other non-viable pregnancies.


A public consultation this autumn is likely to explore:


  • whether more than one week of leave should be offered;
  • what, if any, evidence employers can request;
  • whether different rules should apply in cases of surrogacy or donor conception.


According to the Employment Rights Bill roadmap, the right is not expected to come into force until 2027. Employers therefore have time to review and update bereavement and family leave policies and to offer relevant training for line managers.

 

This marks a cultural as well as a legal shift, acknowledging the real emotional impact of pregnancy loss at any stage.


Boardside Law action points



  1. Start preparing for 2026 implementation: audit policies and processes, including sexual harassment policy, and family leave entitlements ahead of time.
  2. Watch autumn consultations closely: this is your chance to contribute or shape emerging guidance.
  3. Sector-specific impacts will vary: contact us for tailored advice, especially if you operate in highly seasonal industries or sectors sensitive to cost pressures.


Please share Boardside's expertise and insights with colleagues and associates. Thank you.

Working closely with you, we can navigate the hurdles you face, to build a stronger business and to achieve commercial advantage. Call us for an initial conversation on 0330 0949338

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