The government suggests ‘day one’ protections for wrongful dismissals – Employment Law
The future Employment Protections Bill will include “day one” unfair dismissal protections, according to a fresh proposal just presented by the government.
Under Labour’s commitment, “day one rights for all workers” would be implemented, doing away with the current requirement that the majority of employees work for two years before being eligible for protection against wrongful termination. Nonetheless, the government will let firms place new hires on probation for six months.
Although many businesses currently use probationary periods, which typically last three to six months, they haven’t contributed anything to employment law up until now. Things will now change.
According to government arguments, this would help reduce the possibility of unfair employment practices and provide job security for employees.
Possible implications for employers
If put into practice, this plan might have several important effects on employers, including:
1. Increased caution in hiring: Companies may become more circumspect in their hiring procedures, which could result in lengthier recruiting cycles and more meticulous applicant screening.
2. Probation periods’ increased significance: Although they have no bearing on legally protected rights, probation periods might become more important as a means of determining an employee’s appropriateness.
3. Greater requirement for documentation: From the moment of hire, employers must make sure they have strong processes in place to monitor performance concerns and adhere to the right protocols.
4. Potential rise in Tribunal claims: As workers become aware of their new rights, it is anticipated that there may be a brief rise in Employment Tribunal cases.
5. Contractual term review: To make sure they comply with the new law, employers may need to examine and maybe amend employment contracts and handbooks.
How should I approach myself as an employer?
Employers should think about making any necessary modifications for when this plan is passed through Parliament, even though it is not currently law. Employers should examine their hiring and onboarding procedures, as well as ensure that managers have received adequate training in performance management and disciplinary procedures. If not, it is worthwhile to set aside time for them to receive this training.