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Employment Rights Bill update

The Employment Rights Bill has now passed its third reading in the House of Lords and the consideration of those amendments is scheduled for Monday 15 September. Unions this week have expressed concern that the government may be intending to water down the reforms ahead of the bill passing Royal Assent - something that the government has denied. 

The main amendments proposed by the House of Lords are:

  1. Ban on dismissal and re-engagement (fire and rehire)
  2. Guaranteed hours for zero-hour workers
  3. Day one right to protection from unfair dismissal

Ban on dismissal and re-engagement (fire and rehire)

The amendments proposed by the House of Lords were government backed and diluted the initial proposals, and are therefore likely to be accepted. The amendments do not make all fire and rehire dismissals unlawful, just those where changes relate to hours of work, pay, pension, holiday entitlement. There is a proposed checklist if proposed changes relate to other things and the employer has been reasonable in following it.

Zero-hour workers

The amendment proposed here is that guaranteed hours should be granted if requested, rather than an automatic right.

Day one unfair dismissal rights

This amendment is likely to be rejected as it was central to the reforms. The proposal is amending it to a six months period with no unfair dismissal rights followed by a further 18 months period with slightly different rules in place.

We are happy to assist with any other questions you might have. For more information please contact Kim Knox on KKnox@ortolan.com

Posted on 09/11/2025 by Ortolan

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