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We might have thought that the Employment Rights Bill would have received Royal Assent by now and have been well on its way to becoming an Act, but no. Just as Pantomime season gets ready to begin, the legislative ping pong between the House of Commons and the House of Lords continues.
The Bill returned to the Commons on 5 November 2025. The Commons rejected significant non-government amendments that the Lords had agreed on 28 October 2025. The Lords' amendments were debated, and further amendments were proposed by the government.
One of the major bones of contention for the Lords is the six-month qualifying period for unfair dismissal rights.
The Commons disagreed with the Lords' amendment on this and voted through further amendments, which included a statutory duty to consult on key aspects of the unfair dismissal framework, including an initial period of employment and the compensatory award applicable during the initial period.
The problem with the proposal to make unfair dismissal a day-one right is that this was a manifesto commitment by the Labour government, and they seem adamant that it should pass. During the Report Stage in the House of Lords, the Lords passed an amendment requiring a six-month qualifying period in an attempt to assuage fears about the economic and tribunal impacts of the new law. The Commons rejected this amendment on 15 September, but the Lords pursued it again at the end of October.
The government appears committed to delivering unfair dismissal protections from day one, which most employment commentators, whether claimant or respondent-based, agree is not a sensible idea at all.
The Bill has gone back to the Lords on 17 November 2025. Will the Lords insist on their amendments, prolonging the ping pong further until one side concedes? We watch and wait. What is clear is that the legislative timetable is likely to slide unless agreement can be reached soon. We'll keep you posted.
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