Legislative “ping-pong” continues: Employment Rights Bill faces further delays

26 November 2025

The Employment Rights Bill returned to the House of Lords, with peers once again pushing back on a number of central provisions. Following a series of votes, several issues were sent back to the House of Commons without agreement, signalling continued deadlock between the two Houses.

The Lords maintained their position that unfair dismissal rights should not be available from day one of employment, pressing instead for a six-month qualifying period.

The Lords also resisted the Government’s approach to guaranteed hours, insisting on a worker opt-out from guaranteed-hours and a requirement for the Secretary of State to take account of the particular features of seasonal work, when making regulations in this area.

Further disagreements arose over trade union provisions, with peers opposing automatic opt-in to political funds, and over industrial action, where the Lords continue to object to the removal of the 50% turnout threshold for strike ballots.

Not all was contentious, the Houses reached agreement on amendments relating to young people working on heritage railways. However, on the core elements of the Bill, the Government has shown little willingness to compromise and several issues remain unresolved. The prolonged legislative “ping pong” heightens the risk that the Government’s implementation timetable for the Bill’s measures will slip, and employers may face further delays before clarity emerges on the final shape and commencement of the reforms.

For guidance on how these developments may impact your workforce strategy and compliance obligations, contact our Employment team at Backhouse Jones.

This article was written by Gabrielle Scriven.