Terminally Ill Adults (End of Life) Bill: New Protections Proposed for Employees Involved in Assisted Dying Procedures

The Terminally Ill Adults (End of Life) Bill (TIA Bill), currently under consideration in the House of Lords, includes proposed changes to employment law. If passed, it will introduce new protections for employees and workers involved in assisted dying procedures for terminally ill adults under the TIA Bill. This is particularly relevant for care sector employers.

Automatic unfair dismissal related to assisted dying

Under proposed amendments to the Employment Rights Act 1996 (ERA 1996), an employee’s dismissal (or selection for redundancy) will be automatically unfair if it is based on:

• Exercising or proposing to exercise a right to refuse participation in assisted dying; or
• Participating in the lawful provision of assistance with dying, or performing any role outlined in the TIA Bill.

No qualifying period of service will be required to bring such a claim, meaning there is no minimum length of service required to bring an unfair dismissal claim based on the TIA Bill.

Protection from detriment related to assisted dying

Workers (not just employees) will be protected from any detriment short of dismissal where it arises from:

• Exercising or proposing to exercise their right to object to participation; or
• Participating in or carrying out functions under the TIA Bill.

Detriment protections do not apply to dismissal, which is covered separately as above.

Compensation for detriment claims will be capped at the equivalent level a tribunal could award had the individual been dismissed as an employee. This aligns the regime with protections for whistleblowers and those asserting statutory rights.

Next steps for the Terminally Ill Adults (End of Life) Bill

• The TIA Bill cleared the House of Commons on 20 June 2025.
• The TIA Bill was introduced to the House of Lords on 23 June 2025.
• It is unclear whether the Bill will receive Royal Assent, or when it would come into effect if passed.

Keep abreast of changes to the TIA Bill here.

Key Takeaways for Employers

If the TIA Bill receives Royal Assent, employers should consider the following:

• Updating employment contracts and HR policies to reflect new rights of employees
• Train HR and management on new employee rights related to assisted dying
• Ensure the fair treatment of staff who participate in or object to participating in procedures under the TIA Bill.
• Avoid disciplinary action or dismissal that may trigger automatic unfair dismissal or detriment claims from affected employees.

Need support in relation to the employment law aspects of the Terminally Ill Adults (End of Life) Bill?

We are closely tracking this legislation and will provide further guidance to affected clients (such as those in the care sector) if the Bill receives Royal Assent. For tailored advice on updating your employment contracts, policies, or responding to staff concerns, contact us here.