The Employment Rights Bill promises to bring some of the most significant changes to employment law in recent times, as we discussed in our previous article (click here to read).
However, one of the Bill’s flagship reforms - day one protection from unfair dismissal - has not been without controversy. It has understandably been the key focus of the Bill for many employers who have been anxiously waiting for more details on the Government’s plans.
It was a manifesto commitment of the Labour government to remove the current two-year qualifying period for unfair dismissal protection, making it a day one right for employees. To reassure employers, the Bill proposes an “initial period of employment” expected to last around six to nine months, during which “lighter-touch” dismissal rules will apply (with the detail of these to be fleshed-out later in subsequent regulations).
The House of Lords has continued to oppose this, instead arguing for a straightforward reduction in the current two-year qualifying period to six-months. This is something the Government has refused to date, which is perhaps unsurprising given accepting this amendment would mean breaching a manifesto commitment.
But the Lords are not alone. Thinktanks and businesses alike have raised concerns about the risks of a day one unfair dismissal right, warning that it may place a substantial burden on employers, inhibit hiring, make life harder for job-seekers and ultimately harm the economy. These are aside from...
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