Plans to give all workers protection from unfair dismissal from their first day of employment has been the subject of an amendment in the House of Lords at the second report stage sitting on 16 July 2025 with a proposal for a six-month qualifying period.
Original Proposal
The day-one right to claim unfair dismissal was one of the headline reforms in the government’s Employment Rights Bill, due to come into force in 2027. To balance this new right with flexibility for employers, the Bill also introduced a new “initial period of employment”—likely lasting nine months—during which a “lighter touch” dismissal process would apply. Ministers said this approach would support fairness while giving businesses the confidence to hire.
Lords’ Amendment
Peers have voted to scrap the initial period entirely. Instead, they amended the Bill to reduce the current two-year qualifying period to just six months. They argued this would offer clearer protections, avoid creating new legal categories, and reduce pressure on employment tribunals. The amendment was passed despite the original model being a government manifesto commitment.
What Happens Next
The Bill will return to the House of Commons, where the government is expected to reject the Lords’ changes and reinstate its original plan. Under the Salisbury Convention, the House of Lords will not generally block Bills which implement a manifesto commitment.
