Employment Rights Bill
With the Employment Rights Bill in its final parliamentary ‘ping pong’ stage it is important to understand what this means practically.
Some illustrative examples are provided below. These are accurate to the time of publication. Members are urged to consult the to see the detail of the proposals:
| Government/Commons position |
Lords position |
|
Zero hours:
Give workers on zero-, or low-hours, contracts a right to guaranteed hours
|
Zero hours:
Instead of an ‘automatic’ offer of guaranteed hours contracts, the Lords propose the remit should allow workers to opt-in/opt-out of such contracts. The Lords are also pushing for a definition of ‘seasonal work’ to allow certain sectors greater flexibility away from the regime
|
|
Trade unions:
A broad range of measures to ease barriers to entry to unions, including:
Enabling trade unions to conduct electronic balloting,
Easing access for unions to conduct workplace balloting
Union members to be automatically included in paying into the union’s political fund unless they choose to opt out
|
Trade unions:
The Lords want to retain the 50% turnout threshold in ballots for industrial action (i.e. 50% of people need to turn out in person to vote rather than being able to do so electronically)
Union members to have to actively choose to pay into the union’s political fund
|
|
Unfair dismissal:
Protection from day one of employment (rather than two years). The government proposes there will be an initial probation period, potentially set at 9 months, during which employers can use a what government refer to as a light-touch dismissal process. The details of this would be decided following consultation
|
Unfair dismissal:
The Lords favour a six-month qualifying period to gain this protection (rather than day one)
|
The CIPD public policy team are representing the voice of the profession across the Employment Rights Bill’s progress. Linkedin for the Policy teams’ updates on the status of each stage.
HR1 forms digital only
Whether you are the senior HR director in a multi-national or the leader of an SME, all employers must note a change to workflow from 1 December 2025. From this date HR1 forms are digital only.
The forms are statutory, used when employers are proposing to make 20 or more redundancies within a 90-day period at one establishment. It is a legal requirement to submit this form to government to notify it of this intent. If forms are not submitted, the corrective action can be serious; criminal prosecution of the company and/or potentially a personal liability for any directors.
As of 1 December 2025:
- You can no longer submit a HR1 form by email or post. Instead, you must use this form online.
- You will need to be conscious that the new digital form contains additional fields that you need to populate. Notably:
- The form will not accept consultation dates in the future i.e. the form must be submitted when consultation is imminent or underway.
- There is an additional new redundancy reason: ‘Change in supply chain/loss of supply chain contract’.
- A declaration at the end of the form requires employers to confirm that they have given copies of the form to all trade union and elected representatives.
Please see FAQs on the form on the government website. The CIPD provide member guidance on managing the redundancy process.
Keep Britain Working report suggestions
When the Keep Britain Working report was published this month, its purpose was to shine a light on the rise in sickness absence and ill health across the UK workforce.
Sir Charlie Mayfield, the report's lead reviewer, encourages employers to use the findings to open up conversations and reduce fear around these issues. The report offers several practical suggestions for employers:
Build a culture of safety
Encourage early, open sharing of concerns about health and wellbeing. This helps you identify issues sooner and contribute to prevention, rather than reacting when problems become more serious. The report highlights that support for sickness absence varies widely across organisations, so building a consistent, safe environment is vital.
Create inclusive workplaces
The report outlines several actions employers can take to improve inclusion. These include:
Monitor the government’s vanguard trials
There are currently 60 vanguards testing new ways to reduce economic inactivity. Their findings are expected to feed into future policy and will be shared through the proposed Workplace Health Intelligence Unit (WHIU).
Review your use of support systems
Government incentives and tools such as welfare support, fit notes, Access to Work, and dispute resolution processes are under review. Consider how you currently use these systems and where they could better support employees.
The report recommends this model as a way to reframe how organisations support people throughout their working lives, particularly around health and work challenges.
Strengthen your data insights
It may be helpful to review how you track key absence information. This could include monitoring long-term sickness, disability retention, and return-to-work timelines, so you can spot trends and improve decision-making.