These are the steps you can take now.
The UK Government announced that employees will be entitled to day one protection when they start a new job. What does this mean, well essentially that they have protection from unfair dismissal from day 1 of their employment and would be able to take their employer to a tribunal for unfair dismissal. Currently, employers can dismiss employees, without reason when they have less than 2 years service. Note that the 2 year tenure rule does not apply if an employee has a case for discrimination.
The clock has started to tick on these rights which will come into effect in October 2026. If you employed someone today (November 2024) then the 2 years qualifying rule applies, if you employ someone in April it will 18 months, next October 12 months and so on.
The Government is consulting currently on a “lighter touch” probation period, during this time, thought to be for the first 9 months when the dismissal process would not be as onerous. However, it still remains to be seen exactly what this process will look like.
So, there is no immediate need to panic however, it makes sense to start to understand how this will work and what processes you can put in place now. In the first instance review your contracts of employment, if you don’t currently include a probation period put one in place now for any new hires moving forward.
What are probation periods, these are a period of time at the start of an employees employment where you can asses their performance. You have hired them following a robust recruitment process, you have followed up with references and ensured they have a good onboarding and training plan. Now you can see them in action and ensure that they are capable of the job your hired them for. Although, probation periods are typically put in place for 6 months, if there are performance and / or behaviour questions marks about your new recruit, it is good practice to extend the probation period for a further 3 months.
You need to ensure that your disciplinary and capability policies are up to date and clearly outline the steps that will be taken in the event of any issues. Typically, a formal meeting to discuss concerns, an agreed action plan which will outline the specific steps both employer and employee will take to address the concerns and a very clear timeframe. If an employee had done something which constitutes gross misconduct, you will still need to investigate and hold a formal meeting before dismissing.
By taking action now and following the correct steps, when the law takes effect you will be ready. Need a policy review and coaching on how to implement the above contact me at bev@BDHR.co.uk.
