More developments appear to be afoot on the Employment Rights Bill. Angela Rayner, the former deputy prime minister, is reportedly due to table an amendment to the Bill which (if it is accepted) will mean that the shorter qualifying period for unfair dismissal claims will come into force  “early next year”, rather than in 2027 as currently planned.   

This move makes sense. The announcement by the government last week (detailed here: Unexpected developments on the Employment Rights Bill) means that the changes proposed to unfair dismissal rights are now straightforward, consisting of a simple reduction in the qualifying period rather than needing the introduction of the potentially complicated ‘initial period of employment’ and modified dismissal procedure that had been proposed. This removes the need for consultation and further regulation and helps the government to deliver on its promise to significantly enhance employees' rights sooner. 

This could create a headache for employers, though, as new recruits (including those who have already started) could well have unfair dismissal rights much earlier than expected. With the Bill due to go back before the House of Commons on 8 December, planning for the change should start now.  Recruitment and on-boarding processes should be reviewed to ensure that they are robust,  clear expectations should be set at the start of employment and performance should be carefully monitored. Managers should be trained to help them manage new recruits effectively. Also think carefully about the length of notice periods during probation to give sufficient time for you to make and effect decisions on underperforming employees. 

Angela Rayner to lay amendment to speed up workers’ rights bill | Angela Rayner | The Guardian