EMPLOYMENT RIGHTS BILL: WHAT’S GOING ON?
The Employment Rights Bill is entering its final parliamentary stages, but surprisingly we have now seen the Commons and Lords locked in a “ping pong” over key provisions. There had been pushback before, but a second round wasn’t expected. While Royal Assent was expected in November, andfour new government consultations launched last week adding fresh urgency to the Bill passing through the House of Lords, the Implementation Roadmap is now back up for debate.
Where Things Stand
The Bill has faced pushback in the Lords, particularly around:
Day-One Unfair Dismissal Rights: Peers proposed a six-month qualifying period, but the government insists on day-one protection, with a “light-touch” probation model still under consultation.
Zero-Hours Contracts: The original “right to guaranteed hours” has been softened to a “right to request,” following concerns from employers.
Union Rights: Lords rejected automatic political levy enrolment and changes to strike ballot thresholds, but the government is pushing ahead with broader union access rights.
A Surprising Turn in the Lords
It’s worth pausing to reflect on the unusual resistance from the House of Lords - particularly given the Salisbury Convention, which traditionally prevents the Lords from blocking legislation that stems directly from a governing party’s manifesto. Labour’s commitment to introducing day-one unfair dismissal rights was a clear and central pledge. That the Lords chose to challenge it is not only rare, but arguably constitutionally provocative. “Ping pong” between the Houses is not unheard of, but given the consultations are live, the Bill remains difficult to plan for!
Bottom Line
The Employment Rights Bill is nearing the finish line, but its full impact will be shaped by not only the strength of feeling in the House of Lords but the will for a political fight from the House of Commons. The clock is ticking.
