Current status of the Employment Rights Bill

On 17 November 2025, the House of Lords debated the amendments made by the House of Commons to the Bill.

The Lords insisted on a number of changes that the Government oppose, which include:

• A six-month qualifying period for unfair dismissal protection, rather than ‘day-one’ rights.
• An opt-out route after the initial offer of guaranteed hours for workers on zero-hours contracts.
• A requirement for the Government to take account of the nature of seasonal work when developing the regulations for guaranteed hours.
• The requirement for at least 50% turnout in trade union ballots for industrial action.

Implications

Until the disagreements are resolved, the Bill cannot proceed to Royal Assent. The Government remains committed to the reforms pledged in its manifesto but is under pressure to negotiate or compromise due to the resistance in the House of Lords.

Procedural steps

• The Commons must consider the amendments made by the Lords and decide whether to accept, reject or propose alternatives.
• If the Commons rejects or proposes changes, the Bill returns to the Lords again. This ‘ping-pong’ stage will continue until both Houses agree.
• Once agreement is reached, the Bill can receive Royal Assent and become law.
• After Royal Assent, some of the Bill’s provisions will not automatically come into force. The Government will need to use secondary legislation and/or commencement orders to bring them into effect at different times.

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