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Employment Rights Bill Delayed, After Key Defeats by the House of Lords.

The Employment Rights Bill will not become law as early as expected after the Bill failed to clear the final stage of its passage through Parliament.

Andrew Collier
Andrew Collier HR Adviser
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The House of Lords has voted to send key changes back to the Commons, defeating the government on unfair dismissal qualifying periods, zero-hours rules, and industrial action thresholds.

Although we have already seen a process of parliamentary ‘ping pong’ between the upper and lower chambers, with amendments being rejected by both, at this stage of a Bill’s journey it is usual convention that the upper house allows the Bill to proceed to law - particularly if it is a manifesto commitment. 

This move therefore sends a clear signal that the Lords want their concerns taken seriously. 

They pushed back on three areas:

  • Unfair dismissal from day one: the Lords propose an amendment on day one rights in favour of a qualifying period of six months, which would replace the existing two-year period. 
  • Zero-hours contracts: the Lords want stronger protections than the government’s position.
  • Industrial action rules: the Lords rejected the government’s proposals regarding the thresholds required for industrial action by trade unions.

What Happens Now

The Commons must meet again to vote on the amendments the Lords have sent back to them. This means they will need to decide whether to reach some compromises or stick to their position. 

This has inevitably delayed matters, and the Bill will not pass into law in early November as many expected. 

Expert Advice and Guidance

WorkSmarter’s HR Newsroom will continue to keep you updated. Our HR Partners offer expert, bespoke advice and guidance that help SMEs navigate employment law and compliance issues. Get in touch.


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