On the 15th of September, the Employment Rights Bill returned to the House of Commons following its passage through the House of Lords earlier this month. MPs spent several hours debating the Lords' proposed amendments before rejecting the majority of them, ensuring that the Bill's key reforms remain largely unchanged.
This stage of the legislative process, often referred to as "ping-pong", allows the two Houses to exchange amendments until agreement is reached. However, with a strong Commons majority behind the government, it was always expected that most of the Lords' revisions would be overturned.
Key Employment Law Reforms That Remain Intact
The Commons' decision means that some of the most significant proposals remain in their original from.
- Day-One Unfair Dismissal Rights
The Government resisted attempts to introduce a six-month qualifying period, preserving its commitment to extend protection from the first day of employment (subject to some additional rules in the 'initial period' of employment, which are still to be specified).
- Zero-Hours and Low-Hours Contracts
Employers will be required to offer guaranteed hours contracts where appropriate, rather than employees simply having the right to request them. This will apply to workers on zero hours or 'low hours' contracts, although again much of the detail of this is still to be set out.
- Shift Cancellations and Short-Notice Changes
Attempts by the Lords to impose stricter statutory definitions around "short notice" were rejected, leaving flexibility for the government to determine these through future regulations.
- Whistleblowing and Non-Disclosure Agreements (NDAs)
While broader Lords' proposals were overturned, the Commons agreed to expand restrictions on NDAs to cover failures to make reasonable adjustments for disabled workers, as well as extending protections to staff working within Parliament.
Other suggested amendments, including changes to trade union balloting rules, extensions to grievance representation rights, and mandatory employer investigations into whistleblowing disclosures, were also rejected.
Next Steps for the Employment Rights Bill
The Bill will now return to the House of Lords, though it is unlikely that peers will continue to oppose the Commons and insist on its amendments given the strength of government support and convention that the Lords should not oppose legislation which implements the government's manifesto commitments. Royal Assent could follow towards the end of October, with secondary legislation and guidance expected to provide further detail on how the new rights will operate in practice.
What UK Employers Should Do Now
Although the precise timetable for implementation is not yet finalised, businesses should start preparing for what is set to be the most significant overhaul of UK employment law in recent years. Key steps include:
Stay Informed with Expert Legal Advice
At Miller Samuel Hill Brown, our employment law team will continue to monitor the Bill's progress and provide updates as further details become available. Although there is still significant uncertainty about the details of these reforms, it may be advisable to begin scenario planning to ensure businesses are ready to adapt once the new framework takes effect.
Contact our employment law specialists today for tailored advice on preparing your business for the upcoming employment law reforms.
We will also be holding another Essential Update Webinar on the Employment Rights Bill in February. To receive an invitation and stay informed, please email us to This email address is being protected from spambots. You need JavaScript enabled to view it..
