Skip to main content

News story

October 29, 2025

Employment Rights Bill: Lords amendments send legislation back to Commons for further debate

The Employment Rights Bill, a flagship piece of legislation aimed at overhauling UK employment law, continues its journey through Parliament as the House of Lords insisted on several key amendments in its latest debate on the bill, which occurred on the 28th of October 2025.

The Employment Rights Bill, a flagship piece of legislation aimed at overhauling UK employment law, continues its journey through Parliament as the House of Lords insisted on several key amendments in its latest debate on the bill, which occurred on the 28th of October 2025. These changes have triggered parliamentary “ping pong,” with the Bill now returning to the House of Commons for further consideration.

Unfair dismissal: Lords stand firm on six-month qualifying period

One of the most contentious issues remains the right to protection from unfair dismissal. While the government has proposed “day one” rights for employees, the House of Lords has maintained its position that a six-month qualifying period should apply, defeating the Government’s proposal with a majority of 148. Peers argue this strikes a better balance between worker protection and employer flexibility, particularly for small businesses. The Commons previously rejected this amendment, but the Lords have sent it back for renewed debate.

Guaranteed hours: Opt-out amendment gains ground

In a significant shift, the Lords have revised their own amendment concerning guaranteed hours for zero-hours and low-hours workers. Under the new proposal, after the initial reference period and offer of guaranteed hours, employees would have the right to opt out of future reviews and offers. Importantly, they could opt back in at any time. This change, designed to preserve flexibility for workers who prefer variable hours, was passed by the Lords and has been sent back to the Commons to be considered by MPs.

Seasonal work: Special consideration proposed

Recognising the unique nature of seasonal employment, the Lords have also approved an amendment requiring the Secretary of State to give special regard to seasonal work when drafting regulations related to guaranteed hours. This aims to ensure that industries reliant on seasonal labour, such as agriculture and hospitality, are not unduly burdened by rigid contractual obligations.

Trade union political funds: Opt-in debate continues

Another area of disagreement involves trade union political funds. The Lords have stood by their amendment requiring new union members to actively opt in to contribute to political funds, rather than being automatically enrolled. This measure, originally introduced in the Trade Union Act 2016, is seen by some as a safeguard against involuntary political contributions. The government’s proposal to reverse this and return to an opt-out system has sparked criticism and will be revisited in the Commons.

Industrial action: Lords resist changes to ballot turnout rules

Finally, the Lords disagreed with the government’s plan to abolish the requirement for at least 50% turnout in ballots for industrial action. This threshold, introduced to ensure legitimacy in strike mandates, remains a point of contention. The Lords’ decision to retain it reflects concerns about the potential for industrial action to proceed without broad member support. The Commons will now reconsider this provision.

What’s next?

The Bill’s passage remains uncertain as both Houses continue to negotiate its final form. The Bill will continue to “ping pong” between the two Houses until an agreement is reached. Whilst there is no time limit for this process, the Bill could fail if it runs out of time during this parliamentary session. The Bill cannot receive Royal Assent and become an Act of Parliament until agreement is reached, unless the Government chooses to operate the powers granted to it by the Parliament Acts to pass the bill in the following parliamentary session. The debate continues.

About the author

Karen Cole is a Partner and Head of the Employment team at RIAA Barker Gillette. She has a range of expertise based on her employment law, dispute resolution, and litigation background. Karen provides employment law advice to businesses and individuals, whether contentious or not. She is a member of the Employment Lawyers Association (ELA) and the Association of Regulatory and Disciplinary Lawyers (ARDL).

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more
Send this to a friend