LEGISLATION UPDATE: Employment Rights Bill progress

On 17 November 2025, the Employment Rights Bill Employment Rights Bill - Parliamentary Bills - UK Parliament (ERB) returned again to the House of Lords to consider the amendments agreed by the House of Commons earlier in the month.

However, on the key issues the Lords voted again to disagree with the Commons and provide further amendments, four of which the Commons has previously rejected. The current status of the key issues outstanding can be summarised as follows:

1. Unfair dismissal rights -  the Lords are still resisting the “day 1 rights” and have repeated (for the 3rd time) an amendment requiring a six-month qualifying period for unfair dismissal. This is motivated by concerns about the potentially detrimental impact of removing this qualifying period.  
2. Trade Unions – for Industrial action, the Lords have repeated amendment to reinstate the turnout threshold of 50% for action ballots and for Trade Unions, amendments repeated to ensure members have a choice about whether to make contributions.
3. Working hours (seasonal work) – Proposed amendment to add a definition of seasonal work to the ERB (relating to zero hours and agency worker provisions).
4. Guaranteed hours – The Lords still prefer an amendment to dilute the right to be offered a guaranteed hours contract by instead requiring notification of the right and allowing the worker to opt-out.

There was consensus on Heritage Railways however, with children being permitted to work on these railways under agreed amendments!

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