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On 28 October 2025 the House of Lords refused to approve the latest version of the Employment Rights Bill, sending it back with fresh amendments for the Commons to consider on 5 November. The amendments include:
- a revised proposal in relation to guaranteed hours offers (GHOs) for zero and low hours workers: the new clause provides that, at the end of each reference period, employers would be required to send workers a written notice setting out their right to receive a GHO and giving them an opportunity to decline it, instead of requiring GHOs to be made automatically. The employer would then be obliged to make a GHO if the worker does not reply or states they do wish to receive one; workers would also be able to opt out (and opt back in) to receiving these notices;
- a qualifying period for unfair dismissal claims of six months' employment (after which the Government's statutory probationary period would apply). During the debate several references were made to the recently published views of the think tank Resolution Foundation recommending that the Government should change tack on this issue and simply retain a reduced qualifying period of three or six months (without the complexity of a statutory probationary period) to avoid inhibiting hiring, particularly of younger workers. Resolution Foundation argue that this would still respect the spirit of the manifesto commitment to day one rights and would enable the change to be made earlier than the current timing of 2027. Others have suggested that the manifesto commitment could be kept on the table and a six month qualifying period introduced just as an interim measure. The debate in the Lords suggests that, to date, the Government views the political risk of making this change as too great; the Commons debate on 5 November may indicate whether there is any scope for movement on this;
- adding a definition of seasonal work (in relation to the GHO and shift work provisions);
- retaining the current law requiring a 50% turnout threshold in a ballot for industrial action and for trade unions to opt out their members from contributions to political funds unless they have expressly requested to opt in.
The House of Lords accepted the Commons' rejection of the following amendments previously proposed by the Lords, so these have now been dropped:
- specifying short notice of shifts as less than 48 hours;
- introducing a new right to time off for special constables – instead the Lords agreed to a Commons amendment requiring the government to review the right to time off for public duties (including for special constables) and publish a report within 12 months of enactment;
- requiring regulations to be made to extend circumstances of unfair dismissal protection on whistleblowing and requiring certain employers to take reasonable steps to investigate protected disclosures;
- introducing a new right to be accompanied by a certified professional companion at disciplinary/grievance hearings - although the Government did commit to carry out a review of the statutory right to a companion, including consultation with stakeholders;
- certain other provisions concerning consultation with SMEs, young persons working on heritage railways, and school terms and conditions.
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