{"id":28496,"date":"2025-12-16T09:36:29","date_gmt":"2025-12-16T09:36:29","guid":{"rendered":"https:\/\/www.moorethompson.co.uk\/?p=28496"},"modified":"2025-12-16T09:36:29","modified_gmt":"2025-12-16T09:36:29","slug":"day-one-unfair-dismissal-rights-removed-from-the-employment-rights-bill","status":"publish","type":"post","link":"https:\/\/www.moorethompson.co.uk\/mt-pay\/payroll-press-articles\/day-one-unfair-dismissal-rights-removed-from-the-employment-rights-bill\/","title":{"rendered":"Day-one unfair dismissal rights removed from the Employment Rights Bill"},"content":{"rendered":"

The UK Government has confirmed a significant change to its approach on unfair dismissal rights under the upcoming Employment Rights Bill, which is set to impact how employers manage recruitment, probation, and early performance decisions.<\/p>\n

While the original proposal would have introduced day-one unfair dismissal rights for all employees, this plan has now been withdrawn.<\/p>\n

Following concerns that it could discourage recruitment and create uncertainty for employers, the qualifying period has instead been reduced from two years to six months.<\/p>\n

This change brings both relief and new responsibilities for employers and reinforces the importance of strong HR processes from the outset.<\/p>\n

What was originally proposed?<\/strong><\/p>\n

Under the initial proposal, the Bill aimed to remove the two-year qualifying period entirely, giving employees protection against unfair dismissal from their first day of employment.<\/p>\n

This was intended to sit alongside a statutory probationary period to offer employers some flexibility in the early stages of employment.<\/p>\n

However, the proposal attracted widespread criticism from employers and the House of Lords, particularly around its impact on small and growing businesses.<\/p>\n

In response, the Government has adopted a more pragmatic approach that seeks to balance employee protection with employers\u2019 need to manage risk and performance effectively.<\/p>\n

What has changed?<\/strong><\/p>\n

The revised proposal is expected to pass through Parliament and take effect in April 2026.<\/p>\n

Key changes include:<\/p>\n