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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 under the TIA Bill.

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 Bill

No qualifying period of service will be required for an employee to bring such a claim.

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 Bill

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

Compensation for detriment claims will be capped at the 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 and 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

If you have any questions in relation to the Terminally Ill Adults (End of Life) Bill, please do not hesitate to contact a member of the AfterAthena team (part of the Napthens Group) who are able to offer 30 minutes of free advice to QCS members.