30 September 2025
The Employment Rights Bill was introduced in October 2024 part of the Labour Manifesto, and is set to make profound changes to UK employment law and employment rights.
At present, an employee must have two years’ qualifying service in order to bring a claim for unfair dismissal. The Employment Rights Bill is looking to reduce that period, so that the right not to be unfairly dismissed starts from the first day of employment.
This is not quite as straightforward as it sounds, and the Bill has gone back and forth between the House of Lords and the House of Commons. The Bill is now in its final stages before it becomes an Act - and introduces the concept of an ‘initial period of employment’ as an enhanced probationary period. During the probation, a more lenient dismissal process may apply, but at present there is little clarity around this.
For employers, the best way to approach these changes and prepare for ‘day one rights’ is to prepare for an enhanced probationary period: employers will need to ensure their recruitment strategies and policies are strong, so that the right person is selected for the job and any concerns are addressed before the probationary period ends.
The Employment Rights Bill is also proposing a ban of ‘fire and rehire’, which is often used if an employer wants to change the terms and conditions of a contract, but the employee doesn’t accept them. When employers ‘fire and rehire’ they try to force the employees’ hand into accepting the new terms. This will be banned under the new regulations, in order to better protect employees from contractual changes without their agreement.
Zero-hour contracts are also coming under scrutiny, with the Bill aiming to make them fairer on the employee and reduce the amount of uncertainty. Zero-hour contracts will not be banned, but there will be more stringent rules around the contracts so that employees who regularly work certain shifts and/or hours will be able to request those hours as guaranteed.
Employers will need to review their policies when these changes come in, making sure that all company policies are in-line with the new regulations. Always consult a specialist Employment Law Solicitor if you have concerns about how the changes will affect your business - at JCP Solicitors, we take a tailored approach to employment law advice and can provide expert legal guidance based on your circumstances. To speak to an expert, contact Angela West by emailing angela.west@jcpsolicitors.co.uk or calling 01437 764723
JCP Solicitors provides expert legal advice and guidance to commercial clients across Pembrokeshire and the surrounding area.
