Unfair Dismissal from Day One: What Employers Need to Know and Do Now
As a HR Consultant, I’ve been getting lots of questions about the government’s proposed changes to make unfair dismissal a day one right for employees. Currently only those who have worked for their employer for over 2 years can make a claim of unfair dismissal to an employment tribunal.
We are now waiting for details on what this will look like, however Labour have also indicated that they will look to bring in mandatory probationary periods for new starters – a 9-month period has been suggested.
Whilst the changes are likely to come into force in 2026 at the earliest, there are actions that employers can take now to prepare for the proposed changes – I have always recommended these to my clients, as HR best practice – setting out your expectations and regular communication is key to a positive working relationship:
Before you start the recruitment process, develop or review a job description which clearly sets out the responsibilities in the role. It also helps you to clarify what you are looking for in terms of experience, knowledge, skills and qualifications.
Include a probationary period in the contract of employment – this gives both you as the employer, and the new team member chance to assess if the role is right for both parties. I currently recommend a 6-month settling in period, with some objectives for them to work towards and for you to assess them against. The notice period during the probationary period is usually shorter than your normal terms of employment to give both parties some flexibility if things are not working out.
Develop a thorough on-boarding programme – this includes an introduction to your business, culture and values, ways of working, systems, key members of the team and external stakeholders, and on the job training which is bespoke to them and their role. Consider developing a buddy system so that new starters have a point of contact and source of support outside of the reporting line.
Hold regular one to ones with a new team member – this gives you both the opportunity to review how things are going, raise any concerns at an early stage, and provide support to help them settle into the role and start contributing to your business.
I also recommend holding an interim probationary review meeting halfway through the 6-month period, so that you can make sure they are on track to pass their probationary period.
At the end of the probationary period, hold a review meeting – the outcome of this will either be that they pass; or you need to extend the probationary period for up to a further 6 months if they have not been able to deliver in the role – this may be due to unexpected events which have taken place in their personal life or the business for example; or sometimes the outcome of the review is that the employee is not confirmed in their role, and their employment comes to an end.
If you have been holding regular discussions with the employee, setting out your concerns, and looking at ways to help them perform in their role (training, mentoring, support, buddying, coaching etc), and they have not met your requirements, in my experience both as a line manager as well as a HR professional, this comes as less of a surprise to the employee that you are ending their employment.
In future, if you need to defend the business against a claim of unfair dismissal, you will also have an audit trail to demonstrate that you have been reasonable in managing and supporting the employee.
Please get in touch if you would like any support on any aspect of people management.
https://hrsolutionsyorkshire.co.uk/contact/
LinkedIn : www.linkedin.com/in/sarahdarbyshirefcipd/
