Soundbite: Will the recent Government reshuffle affect the Employment Rights Bill (ERB)?

There have been concerns reported in the press recently from the TUC about the Government reshuffle and whether this signals delay and/or a potential watering down of employee rights under the ERB, for example, removing day 1 rights and accepting the House of Lords amendment to introduce a limitation period of 6 months.  Adding to this, the Federation of Small Businesses was reported to view the Government reshuffle as an opportunity to “fix” aspects of the ERB that its members find particularly concerning.

However, the Government has responded to say it remains committed to the ERB.  A Government spokesperson has confirmed that when the ERB returns to the House of Commons, Labour will use its majority to overturn amendments passed by the House of Lords before the summer recess.  These amendments included a 6 month qualifying period for unfair dismissal and a change to the proposed duty for employers to offer a guaranteed hours contract to make it a right to request rather than something employers must provide.  It remains likely to be introduced in stages up until 2027.

Therefore, it looks unlikely that the amendments put forward by the House of Lords will remain.