The Employment Rights Bill brings a major shift to unfair dismissal protections, promising employees the right to claim unfair dismissal from their first day of employment. Historically, employees have needed to complete a two-year qualifying period before they could bring an unfair dismissal claim—except in cases of whistleblowing or discrimination. Now, under Clause 19 of the Bill, this two-year requirement would be removed, offering all employees immediate unfair dismissal rights from day one.
This change, expected to be enforced no sooner than autumn 2026, gives employers ample time to adjust their practices and policies.
Key Takeaways for Employers
The biggest impact will likely be on how businesses approach probationary periods. Traditionally, a six-month probationary period has allowed employers to assess new hires before a full commitment. However, the government is now considering extending statutory probation to up to nine months, as well as creating a formal dismissal process specifically for probationary periods.
The Evolving Role of the Probationary Period
The Bill hints at several possible approaches to managing dismissals during probation. One proposal involves a modified "reasonableness" test for fairness in dismissals, which may make it easier for employers to dismiss during probation as long as the dismissal isn’t “wholly unreasonable.” Alternatively, there may be a more structured dismissal process similar to early-2000s statutory dismissal procedures, where employers would need to hold a meeting, explain their concerns, and give the employee a chance to respond. While the details are still under discussion, any approach will likely require employers to follow a clear and fair process even during probation.
Reducing Tribunal Risk
The Bill could add up to 9 million employees to those eligible to bring unfair dismissal claims. To manage this increase, the government is exploring ways to limit compensation for claims made during probation. Additionally, redundancy cases won’t fall under the “lighter-touch” rules for probation dismissals, meaning employees will still be able to claim unfair dismissal from day one if made redundant. This is crucial for businesses facing financial challenges, as it influences how redundancies are managed and communicated.
What Steps Can Employers Take Now?
- Review Probation Processes: Strengthen your probation policies to ensure they are fair, well-documented, and consistent. A robust process will be essential if the government introduces a formal probation dismissal procedure.
- Prioritise Regular Reviews: Increase performance check-ins during probation. Addressing issues promptly will be key, as delaying tough conversations could become riskier under the new rules.
If you would like to learn more about these changes and how they could impact your business book a free consultation with Holly.
Prepare Your Business for the New Sexual Harassment Legislation
With the Workers Protection (Amendment of Equality Act 2010) Act 2024 coming into force on 26 October, it’s crucial that your team is equipped with the latest knowledge and tools to manage these changes effectively.
Alongside Forward Learning and Development, we are offering live online workshops specifically designed for business owners, managers, and anyone responsible for supervising staff. These workshops will provide you with essential guidance on equality legislation, sexual harassment, and your legal responsibilities under the new law.

Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com