As part of the Government’s “Plan to Make Work Pay”, it pledged to make unfair dismissal a day one right, meaning that employees would no longer need two years’ service to bring a claim for unfair dismissal.
In a recent article, the Financial Times has suggested that employers will be able to include a probationary period of up to six months for new employees under the new system.
This is something that most employers will already do. However, it remains to be seen how this would operate alongside the notion of unfair dismissal as a day one right, and whether it will limit its effect.
For example, it is possible that employers could be permitted to fairly dismiss an employee during their probationary period by following a prescribed procedure. Alternatively, the Government could introduce a new statutory defence for dismissals, whereby employees in their probationary period could be dismissed on certain specified grounds.
Whilst the above is just speculation, we are getting ever closer to the Government’s 100 day deadline and the introduction of the Employment Rights Bill. At this point, we will have the answer to the question above and many others which have been raised by the Government’s proposed changes.
For more information on the employment law changes proposed by the Government please join us for our seminar.
