March 12, 2025

Employment Rights Bill: Unfair Dismissal

This post was written by: Riya Sekhon

The new Employment Rights Bill was introduced this year to protect workers. The Bill proposes significant changes in granting employee’s protection against unfair dismissal from the very first day of their employment. This marks a substantial move from previous laws where you had a qualifying period (currently 2 years) before unfair dismissal rights were given.

Understanding Unfair Dismissal

Unfair dismissal happens when an employer terminates an employee’s employment without fair reason or following the correct process.  Currently, employees need to have worked for a minimum period of two years before they could challenge their dismissal as unfair in the Employment Tribunal.

Day-One Rights

The new Employment Rights Bill proposes to eliminate the two-year qualifying period, ensuring that all employees are protected against unfair dismissal from their very first day on the job. This change aims to provide immediate job security and promote fair treatment across workplaces, but employers have criticised it and argued for a lengthy probationary period to be in-built to avoid an unnecessary burden on small businesses in particular.

Implications for Employees

Enhanced Job Security – New employees can now feel more secure, knowing they have legal protection against unfair dismissal from the start of their employment.

Empowerment – Employees may feel more empowered to voice concerns or report unethical behaviour without the fear of immediate dismissal.

Implications for Employers

Review of HR Practices – Employers will need to ensure that their dismissal procedures are robust, transparent, and compliant with the new regulations to avoid potential legal challenges.

Training and Development – There may be more emphasis on training managerial staff to handle dismissals appropriately and in line with the updated legal framework.

While the Employment Rights Bill for day-one unfair dismissal rights promises protection and fairness for employees, it also means that employers need to adapt to a more regulated workplace.

There are many more changes being proposed by the Bill, which could ultimately change employment law in this country. 

For any further guidance, please don’t hesitate to contact Aston Bond’s Employment Solicitor at imardarescu@astonbond.co.uk, or call our office at 01753 486 777.