Employment Rights Bill (ERB): ping pong phase

Last month, the Employment Rights Bill (ERB) entered a ‘ping pong’ phase, with MPs considering and voting on amendments to the bill in the House of Lords.

The CIPD reported that some of the most significant amendments successfully passed by the opposition – the Conservatives and the Liberal Democrats – included changes to key policies such as first day rights and zero-hours contracts.

The next step is the Employment Rights Bill

Parliament has now returned, and the ERB will return to the House of Lords on October 28 and will continue the back-and-forth process until an agreement can be reached.

Some people speculate that the bill will be returned with proposed amendments, resulting in a delay.

Due to the expected back-and-forth, Royal Assent to the bill is expected to come later than planned.

However, Labor has signaled they ‘will not back down’ and it is unlikely they will accept the proposed changes, according to experts.

“Labor has made their mandate clear, we know they will aggressively push the ERB into law, and while government bureaucracy may slow the process, we don’t expect it to go away. Employers must prepare now,” said Peyton Inglis, HR Consultant at IRIS HR Consulting.

Incoming changes

There is discussion that uncontested areas of the ERB may still be in effect from the end of October.

As such, changes around bereavement leave and fire & rehire, as well as other changes in the roadmap, can continue as planned.

After the Employment Rights Bill receives Royal Assent, implementation of what is stated in the Government’s roadmap can begin.

When will the Employment Rights Bill come into force?

There is no concrete answer as to when the ERB will come into effect – it is thought that parts of the bill will be implemented at different times.

The Government’s roadmap remains the best guide.

However, if delays continue during the consultation, the Government will face very tight deadlines, which could impact implementation.

Advice for business

While uncertainty remains, businesses should review their policies to maintain compliance as the ERB progresses.

Stay tuned for new guidance and announcements to understand what actions will be in place and their impact.

As always, we’ll be sure to report any new changes!