Employment Rights Bill: latest developments

Earlier this week (17 November) the House of Lords again rejected amendments which the Commons reinstated in the Bill earlier this month, potentially delaying the Government’s implementation timetable. However, the Government continues to press ahead with related consultations, with more being published today (19 November).

Progress of Bill

The Bill returned to the House of Lords for the second time during the “ping pong” stage on 17 November. It has insisted on five groups of amendments to the Bill which have been rejected by the Commons twice previously (on 15 September and 5 November).

The contentious amendments concern the following:

• Replacing day one unfair dismissal rights with a six-month qualifying period
• Allowing zero hours workers to opt out of the right to be offered a guaranteed hours contract
• Creating an exception from the Bill’s zero hours regime for seasonal workers
• Retaining the turnout out threshold for industrial action ballots, which the Government has committed to abolish in the Bill
• Keeping an “opt-in” rule for trade union political funds

It is unclear how long this stand-off between the Commons and the Lords will continue. Royal Assent had been widely expected later this month, but that is now unlikely.

Workplace balloting

Two days after the Lords’ vote, the Government launched a consultation on a draft code of practice on electronic and workplace balloting. Unlike the four consultations on employment policy the Government launched last month (see our earlier post here) this is not strictly about how the Bill will be implemented. That’s because under the Employment Relations Act 2004 the Government already has the power to make changes to balloting arrangements.

The Government plans to permit three new voting methods for certain statutory ballots. For industrial action ballots three additional voting methods will be authorised: fully digital electronic balloting, hybrid electronic balloting and workplace balloting. The new Code will provide practical information on the conduct of these ballots and the requirements with which those involved will need to comply.

The consultation closes on 28 January 2026.

Employment rights for unpaid carers

Also on 19 November, the Government announced a review about the rights of unpaid carers. It will be looking at how the existing unpaid carer’s leave entitlement is working and examining options for different models of paid carer’s leave.

The review is likely to report in about a year’s time. Again, this is not directly connected to measures in Employment Rights Bill, but reflects broader policy commitments under the “Make Work Pay” umbrella.