Employment Rights Bill – latest vote 

The Employment Rights Bill returned to the House of Commons on 15 September 2025 for MPs to consider the amendments made to the Bill by the House of Lords. 

As widely anticipated, the Commons has rejected the significant amendments that had been passed by the Lords but were not backed by the Government, including: 

• Reinstating a six-month qualifying period for bringing claims of (ordinary) unfair dismissal, rather than making it a day one right. A day one right to claim unfair dismissal was a manifesto commitment 

• making it a right for zero-hours workers to request a guaranteed hours contract, rather than a right to be offered such a contract 

• specifying that ‘short notice’ for the purpose of compensation for cancelled shifts to be defined as 48 hours or less – this will be the subject of future consultation 

• allowing employees to be accompanied to disciplinary and grievance hearings by a ‘certified professional companion’ 

• retaining the 50% turnout threshold in industrial action ballots 

• extension of unfair dismissal protection for whistleblowers and requiring employers to investigate protected disclosures. 

While these amendments, along with other non-government amendments, were all rejected, the Commons has agreed some technical amendments relating to the drafting of the Bill. It also agreed to a new clause committing to a review of time off rights for carrying out public duties, which will include considering a new right to time off for special constables. 

The Commons debate on the Bill lasted for over five hours. At the end, the new Secretary of State for Business and Trade, Peter Kyle, confirmed that the Government would move “as fast as possible” to consult on proposals to restrict the use of non-disclosure agreements, although did not commit to a time frame for the introduction of this measure (which was not included in the Government’s implementation ‘roadmap’). 

The next step for the Bill is to return to the House of Lords, where peers will vote on whether to agree the Bill or whether to reinstate some of their previous amendments – this is known as ‘ping-pong’, when a bill moves backwards and forwards between the Houses until it is finally agreed. Only then can it go forward to Royal Assent. 

Parliamentary convention means that the Lords are unlikely to insist on reinstating their amendments, as the Bill was a manifesto commitment of the majority party. It is now anticipated that Royal Assent will take place in October.