On 28 October 2025, the House of Lords debated and passed a new set of amendments to the Employment Rights Bill (ERB), in response to the Commons’ earlier rejection of non-government changes. The Lords backed a number of revised proposals—many closely aligned with their original amendments—indicating ongoing tensions as the Bill enters its final “ping pong” stage.
Key Amendments Passed
Unfair Dismissal Qualifying Period: The Lords voted again for a six-month qualifying period, rejecting the government’s push for day-one rights.
Guaranteed Hours Contracts: A new amendment gives workers the right to opt out of receiving guaranteed hours offers, rather than simply requiring employers to offer them.
Seasonal Work Definition: A broader definition of seasonal work was added to support implementation of zero hours and agency work provisions.
Political Funds and Industrial Action: The Lords reinstated requirements for trade unions to opt out members from political fund contributions, and to meet a 50% turnout threshold for industrial action ballots.
Government Amendments Accepted
Non-Disclosure Agreements (NDAs): The Lords accepted changes extending the definition of discrimination to include failure to make reasonable adjustments, and broadening NDA restrictions to cover parliamentary staff.
Public Duties Review: Within 12 months of Royal Assent, the Secretary of State must review the statutory right to time off for public duties, including for special constables.
Other Developments
Accompaniment at Hearings: A proposal for a certified companion right was withdrawn following a government commitment to review section 10 of the Employment Relations Act 1999.
Child Volunteers on Heritage Railways: The Lords backed a plan requiring official guidance for the employment or volunteering of under-18s in this sector.
Flexible Working and Zero Hours Consultations: The government indicated that consultations originally planned for late 2025 will now be delayed until 2026.
What’s Next?
The Bill returned to the Commons on 5 November 2025 which rejected the Lord’s key amendments including a six-month qualifying period for unfair dismissal and retaining a 50% turnout in an industrial action ballot. While accepting the amendment in respect of child volunteers in principle the Commons tabled an amendment in lieu which requires guidance to be provided by the HSE and Office of Rail Regulation
Why This Matters
The Lords’ persistence on proposing amendments to key Government manifesto commitments and other matters only seeks to reinforce increasing concerns about delaying implementation of the Bill.
