Three quarters of respondents are concerned about unfair dismissal on the first day

According to Brightmine research, more than three quarters of employers worry about the introduction day-one rights in unfair dismissal.

Brightmine’s survey found that of the 274 HR professionals surveyed, 58.4% believed the preparation for unfair dismissal rights to be the most resource-intensive.

Employees cannot file a claim against unfair dismissal until two years have passed. The Employment Rights Bill proposes to make this a right that is effective from the first day of employment, but a probationary period will still be permitted. The legislation is expected to be implemented in 2026.

Nearly half (48.5%) of respondents said that none would benefit their organization. Of those who believed the new rights on day one would be beneficial to their organisation, 24,8% thought the changes in paternity leave and parental leave would be most beneficial. And 24.1% said the right to bereavement would be the most beneficial.

Over half (51.6%) respondents with less than 250 employees expected that flexible working rights from day one would have a major impact on their organization, compared to just under a quarter (24.9%) of larger employers.

Stephen Simpson, Brightmine’s content manager of employment law and compliance, says HR teams are concerned about the new rights.

He said that the elimination of the two-year qualification period for unfair dismissal was the most significant impact on businesses.

The two-year qualification period gave employers greater flexibility to manage employees with less than two year’s service.

This might seem like a drastic measure, but companies can still use probationary periods. Demonstrating that a fair procedure has been followed will put pressure on managers and require a lot more resources to implement.

Simpson called on employers to take action now. He said: “The important thing is to not wait until 2026.” We recommend that you conduct an audit now of your existing policies and processes and train all managers on how to manage the changes brought about by the Bill.

Personnel Today offers a variety of opportunities for change management.

Browse Change Management Jobs