The Employment Rights Bill will now return to the House of Commons. The government is expected to reject the amendment and restore its original manifesto proposal for day one rights coupled with an initial nine month period.

This will set up a fresh debate between the two Houses. The Lords will need to decide whether to insist on their simplified model or allow the Commons to press ahead with the more complex structure promised in the government’s manifesto. Under the constitutional principle known as the Salisbury Convention, the Lords generally avoid blocking legislation that delivers on an election promise. The expectation is that they will raise concerns but ultimately allow the Bill to proceed. However, we would note that the proposals from the House of Lords seem very sensible, in light of the significant impact on employers (and indeed, on Tribunal backlogs).