The Labour Government’s much exalted Employment Rights Bill finally became law on 18th December 2025. The passing of the Act was delayed due to the bitter resistance from that esteemed and totally undemocratic body, the House of Lords. The noble lords’ refusal to pass the Act inevitably led the government, with the support of the TUC, to make a significant concession to secure its passage. This concession involved removing the day one right to claim unfair dismissal, meaning that individuals classified as “employees” must now have worked for their employer for a minimum of six months before they can submit a claim for unfair dismissal with an employment tribunal. It should be stressed that those whose employment status is classified as “workers” will still not have the right to claim unfair dismissal under the Act.

However, readers should not fall into the trap of thinking that the terms of the Act will be fully implemented simply because it has become law; quite the opposite. A significant aspect of the employment rights bill is that critical details have been intentionally left to be resolved in what is known as “secondary legislation.” This type of legislation permits government ministers to determine key aspects of acts of Parliament at a later date. The fact that many details have yet to be worked out leaves plenty of leeway for the government to make further concessions to employers. Additionally, under secondary legislation, any concessions made do not necessarily require a vote by MPs in the House of Commons, enabling the government to make concessions discreetly, away from the full scrutiny of the media.

Crucially for hospitality workers, the specifics of how the laws relating to “zero hours” contracts will change are yet to be determined. According to the Act, workers will have the right to guaranteed working hours if they desire them, but the details of how this will be implemented remain unresolved. The government is set to enter further talks with employers before these changes are due to be introduced in 2027. There is concern that the government may yield to employers’ demands and dilute the terms of the Act, potentially allowing employers to circumvent the law and continue exploiting workers through zero hours contracts.

Similar concerns arise regarding the Act’s provisions related to payment when a worker’s shift is cancelled at short notice. Currently, the Act guarantees that workers will be paid if their shift is cancelled, rescheduled, or cut short by an employer. However, the details of how this will be implemented in practice are vague, to say the least. As with zero hours contracts, the government will engage in further discussions with employers before the laws concerning cancelled shifts take effect in 2027.

The truth is that individual employment rights will never fully address the numerous challenges faced by hospitality workers. Issues such as poverty pay and underemployment stem from the overwhelming power that employers wield over individual workers. Only by uniting and harnessing our collective strength to challenge this power can we hope to improve pay and working conditions in the hospitality sector. At best, individual employment rights may alleviate some of the worst excesses of employers. However, given the government’s approach to implementing the Employment Rights Bill, there are genuine concerns that further concessions will be made to employers, rendering many provisions of the Act ineffective, if not completely useless.