On Monday 17 November the House of Lords once again debated the Employment Rights Bill and, after several votes on the key provisions, rejected the Government’s position in the House of Commons and sent the Bill back to the House of Commons without agreement.
The Lords continue to disagree with the Commons on five core issues:
- Day-one unfair dismissal rights – the Lords continue to push for a six-month qualifying period, rejecting the promised move to immediate eligibility.
- Guaranteed hours (opt-out) – the Lords want workers to be able to choose to opt out of receiving guaranteed-hours offers.
- Guaranteed hours (seasonal work) – they are also insisting that the Secretary of State must expressly consider the “specific characteristics and requirements of seasonal work” when making regulations.
- Trade union political funds – the Lords oppose the automatic opt-in for union members to contribute to union political funds.
- Industrial action ballots – they also continue to insist on the requirement for at least a 50% turnout in strike ballots.
These remain the final points of contention, with little progress seeming to be made. As a result, several dates in Labour’s original roadmap now look likely to slip until the Bill is finalised and commencement regulations are published.
For a practical overview of what employers should expect, we have produced a short Key Facts document summarising the top ten changes due to arrive under the Employment Rights Bill - whenever it ultimately becomes law. Download below.
