Since our last update on the Employment Rights Bill, the Parliamentary ‘ping-pong’ has continued, with the Bill returning to the Commons on 5 November for consideration of the Lords’ message, taking part in 5 votes and repeatedly backing the Government’s original reforms and sending the Bill back to the House of Lords for consideration on 17 November.
Again, the Lords have insisted on their amendments for 4 items and suggested an amendment in lieu of the fifth, meaning the Bill will be returning to the Commons again. The Bill will continue to move back and forth between the two Houses until agreement can be reached, before it can move on to Royal Assent (the last stage before becoming an Act of Parliament).
Here is a reminder of the proposals that are still up for debate:
Unfair dismissal
- Lords proposed a 6-month qualifying period.
- Commons restored this to the original day-one protection.
- Lords rejected this, citing the recent “Day One Frights” report and stating that this proposal would discourage employers from “taking a risk” on young workers.
- Commons proposed a series of alternative amendments to require the government to consult “such persons the Secretary of State considers appropriate” before making the first set of regulations relating to unfair dismissal.
- Lords insist on the amendment to a 6-month qualifying period.
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.
- Lords rejected this, proposing an alternative, where workers who have been offered and have refused guaranteed hours to indicate that they do not wish to receive future offers.
- Commons rejected the opt-out clause, insisting employers calculate and offer hours each reference period.
- Lords again insisted on incorporating an opt-out clause.
Seasonal work definition
- Lords’ initial amendments introduced a new, wider legal definition of seasonal work to ensure protections under zero-hours and agency-worker laws.
- Commons disagreed with this amendment, declaring it ‘unnecessary’ as there is existing law on seasonal workers.
- Lords did not insist on their original amendment but proposed an alternative amendment that still defines seasonal work and requires it to be taken into account, allowing the Secretary of State to amend the definition through regulations.
- Commons disagreed without suggesting a further alternative.
- Lords insisted again, believing the current law to be too vague.
Trade union ballots
- Lords reverted to the current 50% turnout threshold for strike ballots.
- Commons abolished it again, making industrial action easier
- Lords rejected this, seeing high turnouts as essential for democratic legitimacy.
- Commons proposed an alternative amendment to require the Government to have regard to the impact of allowing non-postal voting in industrial action ballots before making regulations, bringing the turnout threshold into effect.
- Lords rejected again.
Trade union - political funding
- A proposal to automatically sign up trade union members to pay a political levy (requiring members to ‘opt-out’) was rejected by the Lords
- Commons rejected this, and the Lords insisted on their original amendment.
- Commons proposed an alternative amendment to change the way the date on which an opt-out can come into effect is calculated where a member decides to opt out of contributions.
- Lords insisted again, arguing an opt-out is less burdensome for members.
Have your say – four new consultations on the Employment Rights Bill
The Government have opened four new consultations relating to the Employment Rights Bill and their plan to “Make Work Pay”. They are inviting views from employers, workers trade unions and members of the public who are likely to be affected by the new framework.
If you would like to get involved in any of the topics below, you can follow the links and submit your views by the closing dates shown:
- Duty to inform workers of right to join a union. Closes: 18th December 2025, link here.
- Trade union right of access. Closes: 18th December 2025, link here.
- Enhanced dismissal protections for pregnant women and new mothers. Closes: 15th January 2026, link here.
- Leave for bereavement including pregnancy loss. Closes: 15th January 2026, link here.
