Navigating the Employment Rights Bill: Probationary Periods - What Employers Need to Do Now

The Employment Rights Bill marks a significant shift in UK employment law, granting employees unfair dismissal rights from the day they start work. This change aims to enhance job security and protect employees from arbitrary dismissal. Whilst this change won’t take effect before Autumn 2026, every new recruit now will gain unfair dismissal rights sooner than before.  

As an employer, it's crucial to understand the implications of this bill and take proactive steps to ensure compliance. Here’s what you need to do:

1. Understand the New Legislation

The Employment Rights Bill abolishes the two-year qualifying period for unfair dismissal claims, making it a day-one right. This means that employees can now challenge dismissals from their first day of employment. Familiarize yourself with the specifics of the bill and how it modifies existing employment practices.

2. Review and Update Employment Contracts

With the introduction of day-one unfair dismissal rights, it's essential to review and update your employment contracts. Ensure that they clearly outline the terms and conditions of employment, including the grounds for dismissal. This will help mitigate risks and provide clarity to both parties.

3. Implement a Statutory Probationary Period

The bill introduces a statutory probationary period, typically lasting nine months. During this period, a modified version of the right to unfair dismissal will apply, allowing for a lighter touch process for dismissals related to conduct, capability, or other substantial reasons. Establish clear guidelines for this probationary period to ensure fair and transparent practices. At Lawson West we can help you draft your Probationary Period policy.

4. Develop Comprehensive Dismissal Procedures

To comply with the new legislation, develop comprehensive dismissal procedures that adhere to the modified standards during the initial period of employment. Ensure that these procedures are well-documented and communicated to all employees. This includes providing written reasons for dismissal upon request after the probationary period.

5. Train Managers and HR Personnel

Training is crucial to ensure that managers and HR personnel understand the new unfair dismissal rights and the associated procedures. Conduct regular training sessions to keep them informed about the legal requirements and best practices for handling dismissals.

6. Monitor and Evaluate Employment Practices

Regularly monitor and evaluate your employment practices to ensure compliance with the Employment Rights Bill. This includes reviewing dismissal cases to identify any patterns or areas for improvement. Implementing a robust monitoring system will help you stay ahead of potential issues and maintain a fair workplace.

7. Seek Legal Advice

Given the complexity of employment law, seeking legal advice can be invaluable. Consult with our employment law experts at Lawson West to ensure that your policies and practices align with the new legislation. They can provide guidance on navigating the changes and minimizing legal risks.

How Lawson West Solicitors Can Help Employers

Lawson West Solicitors offers comprehensive support to employers navigating the changes brought by the Employment Rights Bill. Here’s how they can assist:

• Expert Legal Advice: Lawson West’s team of experienced employment solicitors provides expert legal advice tailored to your specific needs. We can help you understand the new legislation and its implications for your business.

• Contract and Policy Review: We assist in reviewing and updating employment contracts and workplace policies to ensure compliance with the new unfair dismissal rights. This includes drafting clear terms and conditions and establishing fair dismissal procedures.

• Probationary Period Implementation: Lawson West can guide you in implementing a statutory probationary period, ensuring that your processes are fair and transparent. We provide advice on managing dismissals during this period in line with the modified standards.

• Training and Development: We offer training sessions for managers and HR personnel to ensure they are well-versed in the new legal requirements and best practices for handling dismissals. This helps in maintaining a compliant and informed workforce.

• Ongoing Support and Monitoring: Lawson West provides ongoing support to monitor and evaluate your employment practices. We help identify areas for improvement and ensure that your business remains compliant with the latest employment laws.

• Tribunal Representation: In the event of an employment tribunal claim, Lawson West offers robust representation to defend your business. They work to achieve the best possible outcome, minimising legal risks and costs.

By partnering with Lawson West Solicitors, employers can navigate the complexities of the Employment Rights Bill with confidence and ensure a fair and compliant workplace.

Team Manager, Sejal Patel, comments: “The Employment Rights Bill represents a significant change in the landscape of employment law in the UK. By taking proactive steps now to understand the legislation, to update contracts now, implement probationary periods now, and retrain staff, employers can ensure compliance and foster a fair and secure workplace. With the expert support of our solicitors at Lawson West, you can navigate these changes effectively and minimize legal risks.”

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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