Employment Rights Act Unfair dismissal

Originally the proposed changes to the Employment Rights Act meant that employees would have the right to claim unfair dismissal from day 1 of employment. Employers representatives in the consultation process objected strongly. The initial response was to leave it as a day 1 right but introduce a statutory 6 month probation period. This satisfied no one!

It would now appear the qualifying period to be able to claim unfair dismissal is to be reduced from the current 2 years to six months. There is one small wrinkle that employers need to plan for. The minimum notice period the employer must give the employee is nil during the first month of probation and then one week from 1 months service to the end of probation. This notice period can and often is increased, and for more senior appointments the early notice period is often at least four weeks.

Please remember you need to open probationary reviews in time to be able to give the appropriate notice of non-confirmation in post. So if your probation period is six months long you are potentially rubbing up against the six month qualification period for unfair dismissal.

Our advice is to get into the habit of conducting probation reviews at the half way point and review all your policies and contracts now to ensure you can legally comply with the new Employment Rights Act when this section becomes enforceable.

As always Expert HR Solutions is available to help you with this, please call on 01202 611033 for free advice.

https://www.experthrsolutions.co.uk/