Since our last update on the Employment Rights Bill, the Bill has had its third and final reading in the House of Lords on 3rd September, with the amendments being sent back to the House of Commons and reviewed on 15th September. Whilst the Government generally accepted technical amendments, most of the substantial changes were rejected and so the Bill will go back to the House of Lords again for further review of the Commons’ reasons and amendments (date to be confirmed). It can be tricky to keep track of what’s changed and what hasn’t (even for experienced HR professionals), so we’ve put together the following list for you, to help keep you up-to-date.
Accepted amendments
Both Houses have agreed to the following, originally proposed by the Government:
- Non-Disclosure Agreements (NDAs)
- Workers can still speak to lawyers or medical professionals even if they’ve signed an NDA
- NDAs will be invalid if they prevent disclosures regarding harassment or discrimination
- Fire and Rehire
- Employers cannot dismiss staff to force changes to key contract terms, such as pay, hours or holidays
- Protections also extend to cases where employees are replaced with contractors or agency workers.
Rejected amendments
The following amendments were proposed by the House of Lords and rejected by the House of Commons:
- Unfair Dismissal
- Lords proposed a 6-month qualifying period
- Commons restored this to the original day-one protection
- Zero-Hours Contracts
- Lords amended to a “right to request” guaranteed hours
- Commons reverted this to employers having a duty to proactively offer guaranteed hours based on workers’ actual working patterns
- Shift Cancellation Notice
- Lords wanted to define “short notice” as less than 48 hours
- Commons rejected this on the grounds that they want a consultation on this and the definition would come in later via supporting regulations
- Right to be Accompanied
- Lords suggested expanding the list of those who can accompany employees at hearings, such as including certified individuals
- Commons returned this to the current rule (only trade union representatives or colleagues)
- Trade Union Ballots
- Lords reverted to the current 50% turnout threshold for strike ballots
- Commons abolished it again, making industrial action easier
- Whistleblower Protections
- Lords proposed stronger protections and a duty for employers to investigate disclosures
- Commons rejected these additions
There are still expectations that the Bill will achieve Royal Assent in October, but this will depend on the two Houses reaching agreement on the Bill and its amendments. We’ll continue to update you of any further changes.
Save the Date – 19th November 2025
We’ll be hosting an in-person seminar covering the Employment Rights Bill in greater detail and accepting your questions at the beautiful Winstanley House in Leicester on Wednesday 19th November morning (refreshments included!). More details on this event and our upcoming South Yorkshire seminar to follow.
Have your say – Consultations on Unpaid Internships
The Government are seeking evidence and views on unpaid internships and internships paid below the National Minimum Wage, and other roles that may be unpaid or below this threshold, including the views of employers and businesses.
Consultations close on the 9th October and if you would like to get involved, you can do so via the link here.
