With the announcement of the Employment Rights Bill and the detailed breakdown of the Government’s intentions in their Next Steps to Make Work Pay document we know have a little more information about how all employers, big and small will be impacted.
Whilst we understand the Government intends to consult and some of the new laws will be more complex than others, it is clear that much of what is planned will be in place by Autumn 2026 at the latest.
We therefore need to use the time we have left before these new rules are here to PREPARE!
- Day one right to claim unfair dismissal.
The reality is if you employment someone on 3rd September 2024 they will not have two years service until 3rd September 2026. However you can’t rest on your laurels. Effective management means that you should be managing their conduct and performance in the probationary period now, despite having in real terms a 2 year probationary period before they have the right to bring a claim for unfair dismissal at a Tribunal.
If you take someone on on 3rd March 2025, they will most likely get employment rights to claim unfair dismissal on 1st October 2026, this is under 2 years from when you hire them.
So let’s prepare by getting good at:
- Managing probationary periods
- Talking to people about our expectations when they join and giving job descriptions
- Reviewing performance and giving feedback whilst at the same time managing with good intentions
- Documenting. Remember in HR if its not written down, it didnt happen!
2. Preventing Harassment by Third Parties
This law could arrive sooner than the one above. Can you make sure that you are doing all you can to prevent harassment. Remember you may never be able to prevent something like this 100% but you may be able to do enough for you to not be criticised or penalised for it happening. For example can you:
- Introduce training for managers
- Develop a training element of staff induction
- Draw up an annual refresher training regime
- Look at your contracts with your clients
- Introduce posters demonstrating your no tolerance towards harassment of your employees
- Update your policies.
If you would like assistance preparing for what will unfortunately be called the Employment Rights Act 2025, (we already have an ERA’96!) do give us a call on 01527 909436.