Employment Rights Bill update – help shape future legislation
- Constantine Law
- Nov 3
- 3 min read
The Employment Rights Bill should receive Royal Assent this month. On 28 October 2025, the House of Lords considered the House of Commons’ amendments to the Employment Rights Bill.
The Lords proposed changes to:
1. zero-hours clauses (amending their own amendment);
2. the day-one right to unfair dismissal protections (insisting on a 6-month qualifying period, rather than day-one); and
3. industrial action ballot thresholds (disagreeing with the proposal to remove the requirement for 50% turnout) and a specific opt-in to paying into a union’s political fund.
You can read about the amendments here: Employment Rights Bill
The Bill will go back to the Commons for further debate this week (on 5 November 2025). The Bill could conceivably pass back to the Lords for further consideration before Royal Assent is achieved.
Consultations – have your say
While the Employment Rights Bill is being kicked around the Houses of Parliament, the government has published four consultations.
The consultation results will help form the final version of the duties imposed on employers. Views from all stakeholders are welcomed, but evidence from employers will be vital in ensuring that the new legislation is fit for purpose.
The consultations seek views on:
1. the new duty to allow trade unions to access workplaces – specifically on the operational detail of how the right of access will work (including how unions will request access and how employers will respond); plus how the rights will be determined and enforced by the Central Arbitration Committee - https://www.gov.uk/government/consultations/make-work-pay-trade-union-right-of-access - closes 18 December 2025;
2. the new duty on employers to inform workers of their right to join a trade union by providing them with a written statement of the right – looking at the form, content, manner and frequency of the statement: https://www.gov.uk/government/consultations/make-work-pay-duty-to-inform-workers-of-right-to-join-a-union - closes 18 December 2025;
3. the enhanced protection from dismissal for pregnant workers and new mothers for at least 6 months after returning to work – specifically looking at a stricter standard for “fair” dismissals, potentially narrowing the number of permissible grounds, and whether similar protections should extend to other types of family leave - https://www.gov.uk/government/consultations/make-work-pay-enhanced-dismissal-protections-for-pregnant-women-and-new-mothers - 15 January 2026; and
4. the new ‘day one’ right to bereavement leave (including pregnancy loss before 24 weeks gestation) – specially looking at eligibility, when and how bereavement leave can be taken, and the notice and evidential requirements - https://www.gov.uk/government/consultations/make-work-pay-leave-for-bereavement-including-pregnancy-loss - closes 15 January 2026.
Immigration consultation
Not part of the ERB consultations but with implications for employers is the consultation launched last week (closing on 10 December), as part of the Border Security, Asylum and Immigration Bill 2025, on the extension of the right to work scheme; Extending the Right to Work Scheme - GOV.UK
The will extend right to work check obligations. It is currently at Report stage before the House of Lords. Currently the right to work check scheme, and associated threat of civil penalties for hiring illegal workers, applies only to employers. The new provisions will extend it to a wider variety of workers, including contractors and online matching services.
The government have stated that the changes will apply to “‘gig economy’ and zero-hours workers in sectors like construction, food delivery, beauty salons, courier services and warehousing.”
We will continue to keep clients updated on these and other developments as the government's legislative agenda moves forward.
Eleanor Rogers is a Senior Associate in Employment at Constantine Law. Alex Finch is a Partner in Immigration at Constantine Law.
