Employment Law Update (November 2025)

Employment Law Update - November 2025

 Lords Ping-Pong, Digital HR1 Forms, and a Longer Early Conciliation Window

It’s been a couple of lively weeks in the world of employment law.

The House of Lords and House of Commons continue their legislative “ping-pong” over key employment reforms, while the Government quietly drops several significant procedural updates elsewhere.

Here’s what HR teams and employers need to know.

1. Unfair Dismissal: Lords Continue to Oppose Day-One Rights

The House of Lords has once again pushed back against proposals for day-one unfair dismissal rights. Instead, peers have reiterated their support for a six-month qualifying period before employees can bring an unfair dismissal claim.

The matter now goes back to the House of Commons for further debate. Given the strength of feeling on both sides and the length of the current parliamentary exchanges, this is far from settled.

2. Guaranteed Hours: A New “Opt-Out / Opt-In” Flexibility

In a somewhat unusual turn, the Lords have amended their own earlier amendment relating to guaranteed hours. Under this “amended amendment”:

• After the initial reference period and offer of guaranteed hours,

• Employees will be able to opt out of further reviews and guaranteed-hours offers,

• And, importantly, opt back in at any time.

This revised proposal was passed in the Lords and will now be returned to the Commons for yet more discussion.

3. Government to Review the Right to Be Accompanied

In a left-field but noteworthy development, the Government has confirmed it will review the statutory right to be accompanied (e.g., at disciplinary and grievance hearings).

We don’t yet know the scope or timeline of the review, but the announcement signals that even long-established procedural rights may be up for reconsideration as part of the wider reform programme.

4. HR1 Form: Digital-Only From 30 November 2025, With Important Changes

Employers proposing to dismiss 20 or more employees at one establishment must submit an HR1 notification form. The Employment Rights Act may later revise the threshold, but for now the current trigger remains.

The HR1 form has been updated and from 30 November 2025, submission will be digital-only. Several practical changes are worth noting:

Key Changes to the Digital HR1 Form

• No more occupational group breakdowns.

  
  

  Previously, employers had to provide detailed role/grade groupings. This requirement has been removed.

• New redundancy reason: “Change in supply chain/loss of supply chain contract.”

  
  

  This will help organisations more accurately reflect business drivers behind restructuring.

  
  

• No future consultation dates permitted.

  
  

  The system will only accept dates that have already begun or begin on the date of submission. Employers can no longer enter a planned future consultation start date.

  
  

• Beware the 90-minute timeout.

  
  

  The form does not save progress until final submission and leaving the page for more than 90 minutes means starting again. Plan accordingly.

  
  

5. Early Conciliation to Increase From 6 Weeks to 12 Weeks

The Government has published The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 in draft form.

Key details:

• The ACAS early conciliation window will double - from six weeks to twelve weeks.

• Changes are due to take effect 1 December 2025.

• The extended window applies to all claims where early conciliation begins on or after that date.

  
  

What this means for employers

Many employers already report that they are never contacted by ACAS during the current six-week period due to resourcing pressures. Doubling the window, combined with the Government’s proposals to extend the primary tribunal limitation period to six months, could mean:

• Employers potentially hear nothing about a claim for nine months, or

• In cases of administrative delays, possibly up to a year.

This significantly increases the risk of claims appearing long after the relevant workplace events and elevates the importance of record-keeping, documentation, and robust internal processes.

Final Thoughts

The combined impact of proposed tribunal time limit extensions, longer conciliation periods and changes to collective consultation processes could reshape key parts of the employment law landscape.

We’ll continue to monitor developments and provide updates as the legislation progresses.

If you’d like a deeper dive, training for managers, or help reviewing your redundancy or disciplinary procedures, just let me know.