19/11/2025
One of the main concerns we are hearing from our clients in relation to the Employment Rights Bill is the proposed removal of the two-year qualifying period for employees to claim unfair dismissal. The draft legislation understandably raises questions about how businesses will need to recruit, manage probation and support new starters. With potential unfair dismissal protections available from day one, organisations will need to adopt a more structured and proactive approach to early performance management and decision-making around termination.
The Good News:
The Bill also proposes introducing a statutory probation, or 'initial employment' period. Although the final details are not confirmed, it is expected to last six months, with the option to extend up to nine months.
During this period, a more 'light-touch' dismissal process may be permitted.
Many of our clients already use probation periods, but the statutory process is likely to be more formal than current practice.
For example, it is anticipated that employers will need to:
* Provide notice of a probation meeting that may result in dismissal
* Allow the employee to be accompanied
* Offer a right of appeal
These elements are not currently legal requirements (though some employers already follow them), so existing policies and practices will need to be updated.
To prepare effectively, we recommend:
🗣️Clear communication throughout probation: Employees should know when they are not meeting expectations, what improvements are required, and what support will be provided.
📃Consistent documentation: Keep detailed, factual records of feedback, concerns, support offered, and progress made.
✅Reviewing recruitment practices: Ensure interviews, assessments, and reference checks are rigorous and aligned with the role’s requirements. Strong recruitment reduces the risk of performance issues later.
💪🏻Upskilling managers: Ensure those involved in recruitment, onboarding, and probation understand the new requirements and feel confident applying them.
📕Updating policies and contracts: Probation clauses, dismissal processes, manager guidance, and employee handbooks will all need to reflect the new statutory framework once confirmed.
📅Planning for timelines: Start thinking now about how to build structured checkpoints into the first six months of employment.
We will keep you updated as the legislation progresses. In the meantime, if you have any questions or would like support reviewing your policies, processes or manager training, please get in touch.
We're here to help.
