Those who had hoped that last week’s debate in the House of Lords on the Employment Rights Bill might result in the Bill being passed quickly will be disappointed to hear that it is already being sent back to the House of Commons.

So far, this is what has happened:

  1. The House of Lords continues to insist on a six month qualifying period for unfair dismissal (not day one unfair dismissal rights).  This will be sent back to the House of Commons for yet further consideration.
  2. The House of Lords changed its 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 an option to then opt back in at any time). This ‘amended amendment’ was passed by the Lords and will be sent back to the House of Commons for further debate.
  3. A House of Lords amendment requiring the Secretary of State to have special regard to seasonal work when making regulations relating to guaranteed hours will be sent back to the House of Commons for further consideration.
  4. The House of Lords stood by its proposed amendment stipulating that new trade union members should be given a choice as to whether to opt into a union’s political fund. This will also be sent back to the House of Commons.
  5. The House of Lords disagreed with the Government’s proposal to remove the requirement that there must be a turnout of at least 50% of those eligible to vote in a ballot for industrial action and this too will go back to the House of Commons.

Separately, the Government has confirmed that it will also review the right to be accompanied.

Watch this space for further developments.