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With the National Minimum Wage (NMW) now almost fifteen years old, and with another increase pending on 1st April 2017 HMRC have issued a list of the most elaborate excuses they've been given by employers for not paying the appropriate rates:

House of Lords Reject Day One Unfair Dismissal Rights

Alan Kitto

In a major House of Lords vote last week, peers backed an amendment (Amendment 49) to the Employment Rights Bill, scrapping the proposed day‑one unfair dismissal right in favour of reinstating a qualifying period for tribunal claims. Under the amendment, employees would need six months’ service before being eligible to bring unfair dismissal claims—down from the current two-year requirement—without introducing a separate nine-month “initial employment” period.

Supporters argue this approach offers a clearer and more workable framework, avoids complexity in establishing a new statutory probation period, and mitigates pressure on employment tribunals. For employers, especially in sectors with flexible, high-turnover roles—like retail—the change has been welcomed by groups like the British Retail Consortium.

What This Means

  • Stronger employee protection sooner, without extending full rights from day one.

  • Simplified legal structure by dispensing with the nine-month initial employment concept.

  • For employers, a shorter buffer before claims can arise—impacting hiring and performance management practices

Will the Government Accept It?

The amendment directly contradicts a key Labour manifesto pledge to introduce full unfair dismissal rights from day one. Historically, under the Salisbury Convention, the House of Lords conventionally does not block manifesto‑based legislation: they may register concerns but ultimately allow the Bill to pass.

What’s likely?

  • The House of Commons, where the government holds a strong majority, is expected to reject the amendment and reinstate the original clause.

  • Lords may then choose to return the Bill unchanged or acquiesce—though standing their ground would be constitutionally unusual given government electoral mandate.