26 March 2025

Law at Work - March 2025 – 1 of 5 Insights

• Briefing

Employers do not usually need to get caught up in the various amendments that get made to Bills before they become law. The Employment Rights Bill (Bill) is now being considered in the House of Lords and, while we expect it to receive Royal Assent later this year, its main provisions are not likely to come into force before October 2026. However, given the significance and scale of the Bill, some recent amendments to the Bill are worth highlighting at this stage. These are:

Collective redundancy consultation

An amendment to increase the protective award from the current maximum of 90 days' pay to 180 days' pay (this award is per employee, where there has been a failure to inform and consult collectively). This will act as a significant deterrent for businesses that are proposing to make redundancies of 20 or more employees, making compliance with collective redundancy information and consultation obligations more likely.

A previous amendment, which would have required employers to aggregate proposed redundancies across sites when deciding whether the numbers threshold of 20 was met, in effect getting rid of the current requirement to consider the position 'at one establishment', has now been dropped. Instead, the Bill provides that collective redundancy obligations may be triggered where fewer than 20 redundancies are proposed in certain circumstances, for example where a certain percentage of the...

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