Employment Rights Bill Nears Final Stages After Lords Debate Key Amendments

This week, members of the House of Lords met for the final stages of the ERB at Report. A series of amendments were agreed, setting the stage for the forthcoming ‘ping-pong’ process, during which the House of Commons will consider whether to accept or reject the Lords’ changes.

Key provisions concerning zero-hours contracts, fire and rehire, and lowering balloting threshold requirements for industrial action suffered set-backs due to predominantly Conservative and Lib-Dem led amendments. Though it is important to note that it is unlikely that the Government will accept these opposition amendments, there are a number of Government backed amendments that will change the Bill’s approach to banning fire and rehire, which will be accepted.  IER experts continue to monitor changes to the Bill, and whether the remaining key promises are at risk of falling behind.

Some positive amendments have been introduced by the front bench which ensure that the output of the SSSNB should not impose a detriment to existing terms and conditions and should permit any enhancement to existing terms and conditions by negotiation (i.e acting as a floor not a ceiling). Additionally, the Government has amended the ERB  to include a ban on using NDAs to silence workplace harassment and discrimination as well as an expansion of the scope of bereavement leave rights. IER Chairperson, Lord Hendy’s contributions to the debate on the school support staff negotiating body at committee stage can be viewed here.

Lord Hendy presented three amendments to the Bill at report stage, two of which focused on the important issues of sectoral collective bargaining and the right to take sympathy action. His speeches on these topics can be found below.