The Labour Government’s much exalted Employment Rights Bill finally became law on 18th December 2025. The passing of the Act faced delays 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 “zero hours” contracts are yet to be determined. According to the Act, workers will have the right to guaranteed working hours if they want them, but the specifics of how it will be implemented have yet to be worked out and will not come into force until 2027. The fear is that the government will again cave in to the demands of employers and water down the terms of the Act, to the point that employers will be able to circumvent the law and continue exploiting workers through zero hours contracts. There are similar concerns regarding the terms of the Act related to payment when a worker’s shift is cancelled at short notice. As it currently stands, the Act guarantees that workers will be paid if their shift is cancelled, rescheduled, or cut short by an employer. However, the specifics of how this will be implemented in practice are vague, to say the least. As with zero hours contracts, the laws concerning cancelled shifts will not take effect until 2027, with further discussions on implementation yet to take place with employers.

The truth is that individual employment rights are never going to resolve the numerous challenges faced by hospitality workers. The reality is that issues like poverty pay and underemployment arise from the overwhelming power that employers hold over individual workers. Only by coming together and using our collective strength to challenge the power of employers will we be able to improve pay and working conditions in the hospitality sector. At best, individual employment rights can mitigate some of the worst excesses of employers. However, given the way the government is implementing the Employment Rights Bill, there is genuine concern that further concessions will be made to employers, rendering many provisions of the Act ineffective to the point of being totally ineffective in protecting workers.