Companies in the UK can learn from South Africa about how to handle the introduction of day one employment rights around unfair dismissal, an expert has said.
The new Employment Rights Bill (ERB), currently making its way through the UK Parliament, looks set to remove the current two-year continuous service requirement for claims of unfair dismissal.
Companies would still be able to dismiss employees during a probationary period, if a valid reason – such as workplace conduct relating to the employee – is given.
The new legislation, when enacted, would impact from October 2027 as part of the phased approach to the ERB’s changes – but in South Africa, a reverse of the UK’s situation is emerging.
The laws which currently provide protection from unfair dismissal to employees working under South Africa’s employment law regime from day one are now the subject of a proposed amendment which would withdraw an employee’s right to refer an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) if the dismissal occurs in the first three months of employment or, if longer, during the employee’s probationary period.
“The UK and South African positions are interesting. While South Africa is looking to move away from a day one right to claim unfair dismissal, the UK is moving towards just that,” said , an employment law expert with Pinsent Masons in South Africa.
“In South Africa, employers may be given more...
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