This means that the Bill has yet again been sent back to the Commons to see if they continue to reject these proposed amendments. This keeps the legislation in the “ping-pong” stage, where each House must agree before the Bill can receive Royal Assent -  and until agreement is reached, the timetable for implementation remains uncertain.

The two key areas for our sector, which the Lords have insisted the Commons consider again, are as follows: 

1. Day 1 unfair dismissal: The Lords again rejected full day-one protection, instead proposing a six-month qualifying period as a compromise. The Government, however, continues to argue for day-one rights, signalling it will rely on a “lighter touch period” (widely expected to be around nine months) to balance employer flexibility.
2. Zero-hour contracts and guaranteed hours: The Lords changed their own proposed amendment on guaranteed hours so that after the initial reference period and offer of guaranteed hours, employees would have the option to opt-out of further reviews and guaranteed hours offers, with the option to opt back in at any time. 

What does this mean for employers now?

It’s likely this “ping-pong” stage will cause some delays, and right now it’s unclear how that will affect the ERB Roadmap timeline. The biggest uncertainty sits around the Day 1 Unfair Dismissal proposals. if any changes come out of this stage, implementation may well happen sooner than the current 2027 projection.

That said, Labour’s 2024 manifesto clearly committed to “introducing basic rights from day one to parental leave, sick pay and protection from unfair dismissal” and that’s not something they can quietly drop. The Resolution Foundation recently published a great piece cautioning that moving straight to day-one rights could create practical headaches for both employers and tribunals. They’re suggesting a phased or shortened approach would be best instead -  a view that actually echoes the amendments proposed by the Lords. Plus, it’s worth noting that any move towards earlier rights will almost certainly increase claim volumes.

So what’s the Government likely to do here? It’s hard to imagine them backtracking on such a big manifesto promise. We could see them introduce day-one rights in line with their manifesto, but with a very strong emphasis on the “lighter-touch” period of six to nine months.  Or perhaps they’ll consider a phased roll-out starting with a six-month qualifying period (as the Lords suggest), before moving towards full day-one rights later down the line. Personally, I can’t see them watering this down too much…but stranger things have happened in Westminster!

Looking ahead, Royal Assent is now unlikely before late 2025 or early 2026. Once that happens, the Government plans to roll out enabling provisions and more consultation. The first wave of changes is expected in April 2026, covering things like day-one paternity leave, the removal of Statutory Sick Pay waiting days and lower-earnings thresholds, and steps towards union recognition. A second tranche is expected in October 2026, potentially introducing the new fire-and-rehire code and zero-hours reforms. Then the unfair dismissal reform, which at present still looks set for 2027, though it’s definitely one to keep an eye on.

In the meantime, in case you’ve missed it, in line with the ERB roadmap, the Government has also launched four new consultations, all of which could have meaningful implications for employers. These include:

• Enhanced dismissal protections for pregnant women and new mothers  - exploring ways to strengthen safeguards during and after maternity leave. Read more here.
  
  
• The right of trade unions to access workplaces -  considering how unions can better engage with employees on-site.
  
  
• A new duty to inform workers of their right to join a trade union -  a shift towards greater transparency and awareness around union membership.
  
  
• Bereavement leave (including pregnancy loss) - consulting on the potential to expand statutory entitlements and ensure consistent support for employees experiencing loss.

These consultations show that, even as the Bill continues its journey through Parliament, the Government is pressing ahead with its wider “Make Work Pay” agenda. While the headline reforms may still be some way off, there’s already plenty for employers to start thinking about. It’s a good time to keep an eye on consultations, review existing policies, trade union engagement and bereavement support, and be ready to adapt as more details land.

References

1. House of Lords Hansard, 28 October 2025 – debate on the Bill’s amendments. https://www.parliament.uk/business/news/2025/oct-2025/employment-rights-bill-lords-consideration-of-commons-amendments/ Parliament News
2. UK Parliament News – Lords votes for changes to Employment Rights Bill - https://www.parliament.uk/business/news/2025/july/employment-rights-bill-house-of-lords-report-stage/ Parliament News
3. Acas – Employment Rights Bill guidance “April 2026 changes” – https://www.acas.org.uk/employment-rights-bill Acas
4. Resolution Foundation, Unfair Dismissal: Day-One Frights (October 2025) – https://www.resolutionfoundation.org/publications/unfair-dismissal-day-one-frights/ 
5. “Employment tribunals face backlog risk under ERB” – coverage from FT/other analysis (see e.g., “The Employment Rights Bill: implementation timeline” at VWV) – https://www.vwv.co.uk/insights/articles/the-employment-rights-bill-implementation-timeline-for-major-changes-confirmed/ VWV
6. Government roadmap: “Implementing the Employment Rights Bill – Our roadmap” – https://www.gov.uk/government/publications/implementing-the-employment-rights-bill
7. UK Government policy paper, Employment Rights Reform Timetable (2025) – “Implementation of the Employment Rights Bill” summary at https://www.bdbf.co.uk/employment-rights-bill-what-are-the-latest-changes-and-when-will-the-bill-become-law/ BDBF LLP+1