Employment Rights Bill: Government motion to disagree with the Lords in their Amendment 120N to Commons Amendment 120G and their Amendments 120P to 120S to Commons Amendment 120H
311Ayes
96Noes
Carried · majority 215 · Government won239 did not vote
646 Members · Aye 311 · No 96 · DNV 239 · grey dots in centre are abstentions
Analysis
Commons
Commons
Parliament voted on 15 December 2025 to reject Lords amendments that would have preserved the existing cap on compensation awards in unfair dismissal cases. The government's motion to disagree with the Lords passed by 311 votes to 96. This was the fourth round of parliamentary ping-pong (the back-and-forth process by which the two chambers negotiate over legislation) on the Employment Rights Bill, with the Lords having repeatedly blocked this and other provisions. The vote means the compensatory award cap for unfair dismissal, currently set at £118,223 or 52 weeks' gross pay, will be removed when the legislation takes effect. In practice, the government argued, this matters less than opponents suggest: the median unfair dismissal award in 2023-24 was £6,746, and only around 2 per cent of all employment tribunal cases result in a compensation award for unfair dismissal at all. Ministers also argued that removing the cap reduces a systemic incentive for claimants to construct more complex tribunal cases in order to reach higher awards, potentially speeding up the tribunal system. Opponents contended that uncapped liability makes the UK an international outlier and creates uncertainty for businesses, particularly those that are internationally mobile. The vote divided almost entirely along party lines. All 276 Labour MPs and 29 Labour and Co-operative MPs who voted supported the government motion. All 90 Conservatives who voted opposed it, joined by 3 Democratic Unionist Party MPs, 2 Reform UK MPs, and 1 each from the Ulster Unionist Party, Traditional Unionist Voice, and Restore Britain. Four independents and all 3 Green MPs voted with the government. There were no cross-party rebels recorded in either direction. Deputy Prime Minister Angela Rayner intervened during the debate to highlight that 33 hereditary peers had voted against the government in the Lords, framing the Lords' resistance as an obstacle to a manifesto commitment.
Voting Aye meant
Support removing the cap on compensation awards for unfair dismissal, arguing that the median award is only around £7,000 in practice and that uncapping it will reduce incentives for claimants to construct complex tribunal cases.
Voting No meant
Oppose removing the compensation cap, arguing it makes the UK an international outlier, creates uncertainty for businesses considering investment, and could expose employers to unlimited and unpredictable liability.
Each row is one party. The stacked bar gives the within-party split of Aye / No / Absent; the columns on the right give the raw counts. The whip column shows the published party position — “Free vote” means the whip was formally removed for this division.
Party
Whip
Aye / No / Abs
Aye
No
Abs
Labour Party
Whipped Aye
276
0
85
Conservative and Unionist Party
Whipped No
0
90
26
Liberal Democrats
—
0
0
71
Labour and Co-operative Party
Whipped Aye
29
0
13
Independent
—
4
0
9
Scottish National Party
—
0
0
9
Reform UK
—
0
2
6
Sinn Féin
—
0
0
7
Democratic Unionist Party
Whipped No
0
3
2
Green Party of England and Wales
Whipped Aye
3
0
1
Plaid Cymru
—
0
0
4
Social Democratic and Labour Party
—
0
0
2
Your Party
—
0
0
2
Alliance Party of Northern Ireland
—
0
0
1
Restore Britain
—
0
1
0
Speaker
—
0
0
1
Traditional Unionist Voice
—
0
1
0
Ulster Unionist Party
—
0
1
0
Source · Hansard · UK Parliament Votes API · whip status from announced positions; “free vote” indicates the whip was formally removed
The cap removal is justified because it removes perverse incentives for complex discrimination claims, fairly compensates unfairly dismissed workers, and was agreed by business and union representatives in good faith.Labour · Voted aye · Read full speech (1,732 words) →
Removing the cap without consultation, impact assessment or manifesto backing is reckless; it benefits only high earners, will clog tribunals further, and breaches trust with businesses who negotiated expecting the cap to remain.Conservative · Voted no · Read full speech (1,762 words) →
The Bill delivers a manifesto promise to millions of workers; hereditary peers have no right to block it, and 1.3 million people need statutory sick pay by April.Labour · Voted aye · Read full speech (252 words) →
Supports the six-month qualifying period as a vital compromise, but acknowledges employers dislike the cap removal; pragmatically accepting it to prevent further delay and protect the core wins.Liberal Democrat · Voted no_vote_recorded · Read full speech (1,673 words) →
Cap removal benefits older workers with pension losses; lifting it does not change how compensation is calculated, and the original qualifying period concession was also outside the manifesto.Labour · Voted aye · Read full speech (1,245 words) →
Removing the cap creates uninsurable risk for businesses; insurance companies cannot underwrite unlimited liability, making it harder for employers to obtain cover.Conservative · Voted no · Read full speech (215 words) →
Cap removal will trigger a surge in high-earner claims, further clogging the already-inundated tribunal system; the measure lacks understanding of real business operations.Conservative · Voted no · Read full speech (634 words) →
The Lords amendment collapses the tripartite agreement and delays April's statutory sick pay extension; the Commons mandate must be respected over unelected peers.Labour · Voted aye · Read full speech (729 words) →
Sources
Division dataUK Parliament Votes API
DebateHansard · Commons
Stance analysisAI analysis · Claude 4.x
LicenceOpen Parliament Licence v3.0