Employment Rights Bill in “Ping Pong” Phase as Key Provisions Remain in Debate
As winter 2025 approaches, the Employment Rights Act 2025 has yet to be finalised, with several headline provisions still under dispute following rejection by the House of Lords on 28 October. Key points under debate include day-one unfair dismissal rights, guaranteed hours for zero-hours employees, considerations for seasonal workers, trade union political fund opt-ins, and the 50% turnout requirement for industrial action ballots. The Bill will continue its passage between the Houses of Parliament in a process known as “ping pong” until consensus is reached.
Family-Friendly Workplace Rights Under Consultation
The government has launched consultations on two proposed measures under the Bill, running until 15 January 2026:
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Enhanced protection from dismissal during pregnancy, maternity, adoption, and shared parental leave, with feedback sought on timing, scope, and potential impacts on employers.
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Statutory unpaid bereavement leave, covering the loss of a loved one and pregnancy loss before 24 weeks, with proposed minimum leave of one week within 56 days.
Trade Union Rights Consultation
Two further consultations, open until 18 December 2025, seek views on:
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Employer duties to allow trade union access to workplaces for meetings and communications.
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Requirements to inform workers of their right to join a trade union, including timing, format, and enforcement.
Accent Discrimination and Legal Gaps
Recent cases have clarified that accent discrimination tied to race or nationality can constitute unlawful harassment, while regional accents (e.g., Geordie, Mancunian) remain unprotected under current law. HR teams are advised to proactively address communication concerns and update anti-harassment training.
Whistleblowing: Limits of the Jhuti Principle
The Henderson v GCRM Ltd case highlighted that the Jhuti principle, which imputes whistleblowing motives in dismissal claims, applies only to unfair dismissal, not to detriment claims. For detriment claims, liability depends solely on the individual’s own conduct.
Holiday Pay and Tips
The Working Time Regulations 1998 require holiday pay to include elements intrinsically linked to work, such as bonuses and regular overtime. A recent tribunal clarified that tips collected by employers may count towards holiday pay unless a properly administered tronc system is in place.
Employment Status and Substitution Clauses
The BCA Logistics v Parker case emphasised that substitution clauses must be genuine for self-employment arrangements to be valid. Courts prioritise actual practice over contractual wording.
Multiple Roles and Contractual Legality
In Ogumodede v Churchill Contract Services, an employee dismissed for working two roles for the same employer was found to have breached night working regulations, justifying fair dismissal.
HR’s Role in Disciplinary Decision-Making
Cases such as Ramphal v Department for Transport and Alom v FCA highlight that HR must advise, not decide disciplinary outcomes, ensuring decision-makers retain independence while following correct procedures.
Commission Claim Dismissed
In Saul v Rashbrook, a solicitor claimed unpaid commission based on work performed by colleagues. The Employment Appeal Tribunal dismissed the claim, confirming that commission is due only for work personally carried out by the employee, as per the contract.