Agreement reached on Employment Rights Bill

The Department for Business and Trade announced a significant update regarding the Employment Rights Bill, as constructive conversations have taken place between trade unions and business representatives. Following these discussions, the Government has decided to move forward with the unfair dismissal elements of the proposed legislation, allowing it to progress towards Royal Assent and adhere to the established delivery timeline. In a notable shift, ministers have withdrawn plans for day-one protection against unfair dismissal, focusing instead on ensuring the Bill's passage through Parliament.

Currently, individuals will need to accrue six months of service before being able to claim unfair dismissal against their employer. This new stipulation, described as a dilution of initial proposals, reduces the previous requirement of 24 months. Jo Mackie, an employment partner at national law firm Michelmores, remarked “This is no surprise. It was unwieldy and unworkable and we predicted this would happen as soon as it was launched." She further emphasised the importance of probation periods for both employees and employers and expressed concerns about the potential strain on Tribunals that would arise from an influx of new claims.

Despite these adjustments, the Government remains committed to launching essential worker rights such as sick pay and paternity leave by April 2026, along with the establishment of the Fair Work Agency. Such reforms are expected to significantly benefit millions of workers, especially those in lower-income brackets. However, any delays in passing the Bill could hinder these crucial advancements, thereby impacting businesses that require time to adapt to the forthcoming changes.

The Government concluded that reducing the unfair dismissal qualifying period was a practical solution while still preserving essential day-one protection against discrimination and automatically unfair grounds for dismissal. This compromise aims to create a balanced framework that benefits millions of workers and grants necessary clarity for businesses and employers. Importantly, the Government has pledged that any future variations to the unfair dismissal qualifying period will require primary legislation and that the compensation cap will be revised.

Following the constructive dialogues, the Bill will progress with the necessary amendments, promising a robust process for fair consultation and discussion about secondary legislation application. Both businesses and unions have expressed agreement regarding the route ahead. The Government is eager to continue collaboration with trade unions, businesses, and employers to enhance working conditions, bolster economic growth, and foster job creation. There is particular recognition of the need to support small businesses in navigating these changes, and the Government pledges ongoing dialogue and consultation will persist beyond the Bill’s passage.

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