House of Lords Sends Employment Rights Bill Back to Commons

The Employment Rights Bill (ERB), a major piece of legislation aimed at reforming UK employment law, has been sent back to the House of Commons after the House of Lords voted on several amendments on 28 October 2025. This move delays the Bill’s final approval and sets the stage for further parliamentary debate.

Key Amendments Proposed by the Lords

Unfair Dismissal Qualifying Period

The Bill originally proposed removing the qualifying period for unfair dismissal claims altogether. The Lords, however, voted to reduce it from two years to six months, while also introducing an exception for dismissals related to spent convictions or failure to disclose them.

Guaranteed Hours for Workers

The Lords added a requirement for employers to notify workers of their right to receive a guaranteed hours offer at the end of each reference period. Workers would have the option to decline the offer and opt out of future offers.

Seasonal Work Considerations

An amendment was introduced requiring the Secretary of State to consider the specific nature of seasonal work when making regulations. It also mandates a consultation on how Part 1 of the Bill affects seasonal workers.

Trade Union Ballots for Industrial Action

The Lords also voted to keep the rule that industrial action must be supported by at least 50% of those eligible to vote in a ballot, maintaining a threshold for democratic legitimacy.

What Happens Next?

The Bill now returns to the House of Commons, where MPs will decide whether to accept the Lords’ amendments, reject them, or propose compromises. This process, known as “ping-pong,” can continue until both Houses agree on the final version of the Bill.

Likely Outcomes

Some amendments, such as those concerning seasonal work and guaranteed hours, may be accepted as reasonable refinements. Others, particularly those affecting trade union rules and the unfair dismissal qualifying period, may face resistance from MPs who support stronger worker protections.

The government’s position will be crucial in determining the Bill’s final shape. If ministers are keen to pass the legislation swiftly, they may encourage MPs to accept the Lords’ changes to avoid further delays.

This stage of the legislative process reflects the ongoing tension between reforming employment rights and maintaining existing safeguards, with significant implications for workers, employers, and trade unions across the UK.