Everyone is talking about the Employment Rights Bill, which has not come into force yet, and everyone seems to be sitting back dealing with other crises on the basis this can wait. However, we don’t think it can.

There are many features that require action, but the most concerning is day one rights. There has always been a qualifying period for employees to claim unfair dismissal. Currently, this is at two years and there have been times where it has been only one year. However, under the new legislation, yet to be passed, the Employment Rights Bill, employees will have unfair dismissal rights from day one of employment i.e. from the day they start work with an employer. In practice, this means that any terminations of employment will be open to legal challenge without a qualification period in terms of service. The ramifications of this are enormous:

1. Probationary periods will take on great importance.

2. A new legal framework will govern dismissal in the early months of employment.

3. Dismissals as a result of redundancy during probation will also be open to challenge, in the same way as any unfair dismissal claim.

4. Risk in recruitment processes need reducing and selection techniques will need tightening up.

We could sit back and wait, as this will not become law before autumn 2026, but there is preparatory work that needs to be done now, and it is important to start preparations.

Plans are afoot for dealing differently with dismissals in the early months of employment and we are unsure how these changes will work in practice. There may too be changes that are introduced around compensation levels and caps for dismissals during probation.

The change to day one rights is a huge change and there is a need to start reviewing recruitment processes, induction processes. Consideration will also need to be given to the drafting of all documentation including handbooks and contracts so that they are fully in line with all legislation and the Employment Rights Act to come.

Please do get in touch if you would like help with any of the above.

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