With Parliament now finished for the summer, it is likely to be September/October that the Employment Rights Bill is given Royal Assent. We already have a commitment from the Government as to what will be introduced and when, as described in their roadmap for delivering change (read our full article for further information and find out what steps employers should be taking now to prepare).
Latest Amendments to the Employment Rights Bill
Just as we published our last newsletter, further opposition amendments were made to the Bill, which made slight changes to several reforms. Whilst these have been added to the draft Bill, they may not be accepted in the final Bill when it returns to the House of Commons. The amendments include:
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To specify that 48 hours’ notice would be required in the cancellation of a shift
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To extend the current entitlement to unpaid time off for public duties by including those who act as special constables
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To oblige employers to take reasonable steps in investigating whistleblowing
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To allow for other ‘professional bodies’ to certify people to act in the role of a companion in accordance with a worker’s right to be accompanied at disciplinary and grievance hearings
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To retain the 50% turnout threshold required in a ballot for industrial action
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To remove Clause 59 of the Bill, which was to repeal the current requirement for trade unions to opt out members from political fund contributions, unless they have expressly opted in
Unfair Dismissal Qualifying Period: Key Update
One other significant amendment put forward was in respect of the qualifying period for unfair dismissal. Rather than remove the qualifying service entirely, as the original Bill set out, this amendment reduces the length of qualifying service from the current two years to six months. The idea being is that it would make it simpler, still give protection a lot earlier than the current position, and would avoid a new legal structure.
However, this is just an amendment and may not be accepted—and realistically, it probably won’t. This is because the day one right was part of the Government’s manifesto and, since they have a majority in the House of Commons, they generally have the greater authority in pushing through this reform. So we’re currently waiting to see what happens, but in any event, the unfair dismissal rules will either be:
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To require someone to have six months’ service in order to bring a claim for unfair dismissal, or
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It becomes a day one right, accompanied by a new statutory probation period
Additional Government Commitments
It was also clarified during the last debate in the House of Lords that the Government would introduce the following:
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A public consultation on employment status (expected before the end of 2025)
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Appoint a ‘freelance champion’ to represent freelancers within Government
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Publish guidance on how the Fair Work Agency will exercise its power to bring employment tribunal claims
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Consider possible amendments to the early conciliation period, following the extended limitation period for employment tribunal claims
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Increase the number of employment tribunal judges throughout the remainder of 2025 and 2026
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The Health and Safety Executive (HSE) to review the Workplace (Health, Safety and Welfare) Regulations 1992
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Bring forward proposals on workplace temperatures
