The Terminally Ill Adults (End of Life) Bill, currently progressing through the UK Parliament, has prompted important legal, ethical and practical discussions. The proposed legislation would allow terminally ill adults with a prognosis of six months or fewer to request and receive medical assistance to end their lives, subject to strict safeguards including assessments by two independent doctors and approval from the Family Court.
While much of the public debate centres around the moral questions, the Bill also introduces significant changes to workplace rights that deserve careful attention.
Employment protections under the Bill
Alongside its core proposals, the Bill amends the Employment Rights Act 1996 to offer specific protections to employees who either choose to participate or decline involvement in the assisted dying process. These changes are designed to prevent discrimination or disadvantage in the workplace based on an individual’s stance on assisted dying.
For example, if a healthcare professional or support staff member declines to be involved due to personal or religious beliefs, their employer cannot lawfully discipline, dismiss or disadvantage them as a result. The Bill also protects employees who do choose to assist, ensuring they are not penalised or stigmatised for their role.
This dual protection reflects broader principles under the Equality Act 2010, including protection from indirect discrimination and respect for religious and philosophical beliefs.
Responsibilities for employers
If the Bill becomes law, employers, particularly in health and social care sectors, will need to take proactive steps. These may include:
- Reviewing HR policies to reflect the right to conscientious objection.
- Updating equality and diversity training.
- Providing support for staff facing moral or emotional challenges arising from the new framework.
- Ensuring fair treatment in promotion, disciplinary processes, and rota management, regardless of an employee’s stance.
- Workplace culture will also need to be considered. Employers should ensure respectful communication, confidentiality, and clear procedures for handling any disputes or complaints linked to participation in the process.
A sensitive legal shift
This legislation engages complex legal and human issues. On the one hand, it seeks to empower individuals facing terminal illness with greater autonomy. On the other, it recognises that employees involved in care, whether medical or administrative, must be protected from coercion or reprisal.
Whether or not the Bill becomes law, these employment provisions set a precedent for balancing evolving healthcare practices with established worker rights.
Need advice?
If your organisation needs guidance on updating policies or responding to employee concerns, Tees’ Employment Law Team can provide tailored advice, giving you the full picture (? Does that work here)
For ongoing updates on this and other employment law developments, please get in touch.
Related insight
If you’d like to understand what the Terminally Ill Adults (End of Life) Bill could mean for your own end of life planning, from Advance Decisions to Health & Welfare LPAs, our Estate Planning Team can help.
Read the Private Client perspective here, Terminally Ill Adults (End of Life) Bill – understanding your medical choices.
