The government recently published a roadmap paper outlining how they are preparing for the implementation of the Employment Rights Bill. As covered in my recent article, Roadmap to the Employment Rights Act 2025 Implementation – Richard Reed Solicitors, the roadmap was not as anticipated and many of the proposed reforms have been pushed back until the autumn next year and beyond.
Yesterday another unexpected turn of events was announced, this time concerning Clause 23 of the Bill; Right not be to unfairly dismissed. The government promised to make unfair dismissal a day one right. This was seen as a huge victory for employees, who ordinarily require 2 years length of service before they acquire the right not to be unfairly dismissed (known as the qualifying period).
To strike the right balance, the government considered introducing an initial period of employment, during which employers could dismiss employees under a simpler process. It was highly anticipated that the initial period would be 9 month and would be viewed as a probationary period of sorts, granting employers freedom to terminate employer in certain circumstances.
The House of Lords have voted to scrap the day one right to unfair dismissal and the need for an initial qualifying period and instead, they have amended the Employment Rights Bill to reduce the qualifying period for unfair dismissal from two years to six months. Employment Rights Bill – Hansard – UK Parliament
The Employment Rights Bill now returns to the House of Commons. It remains to be seen as to whether the government will accept or reject the Lords proposal.
