The UK government recently published the Employment Rights Bill (the “Bill”) which proposes 28 individual reforms to reshape the employment law landscape. Key proposals include making certain employment rights available from the first day of employment (such as protection from unfair dismissal, family leave and statutory sick pay) and making flexible working the default where practical.

The Bill is currently in the early stages as government consultations for the proposed reforms are still ongoing, and it is not certain when the Bill will be passed. If passed, most reforms will not actually take effect until 2026.

Background

The Bill was introduced along with a ‘Next Steps to Make Work Pay’ paper (the “Next Steps Paper”) explaining the proposed reforms and outlining plans for future reforms.

Key details

Day one rights on unfair dismissal

Currently, employees must complete at least two years of service with their employer before they have the right to claim unfair dismissal. Under the Bill, employees will have a new right to claim unfair dismissal from day one of employment.

However, the Bill also proposes the introduction of an ‘initial statutory probationary period’ of nine months, during which a ‘lighter touch’ and less onerous dismissal process will apply. During this initial period, employers may dismiss an employee for a substantial reason, such as the employee’s poor performance or misconduct. The ‘lighter touch’ process appears not to apply to dismissals due to...

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