The UK government has dropped its plans to provide employees in Britain with rights to claim unfair dismissal from ‘day one’ of their employment.
Currently, only employees with two years’ service by the date of termination of their employment generally have the right to claim unfair dismissal, though protections against certain types of dismissal, such as dismissal for whistleblowing, kick-in earlier.
With its landmark Employment Rights Bill (ERB), the government had planned to scrap the two-year qualifying period associated with unfair dismissal protection. It proposed to replace this with a ‘day one’ right to such protection, which was to be coupled with a statutory probationary period. However, the plans met with significant opposition from employers and received pushback from UK lawmakers in the House of Lords, leading to a delay in the ERB being finalised.
In an effort to overcome the legislative impasse, the government convened a meeting of business representatives and trade union representatives and has now announced that a compromise has been reached. While the government has stepped back from its plans to introduce ‘day one’ protections against unfair dismissal, it said the current two-year qualifying period for unfair dismissal rights will be reduced to six months. The plans to impose a statutory probationary period have been scrapped.
Employment law experts Jon Fisher and Anne Sammon of Pinsent Masons said the change puts...
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