The Government has confirmed it is scrapping its plan for day one protection from unfair dismissal
The qualifying period will be cut from 24 months to 6 months but Workers will still have day one protection for discrimination and automatically unfair reasons
The compensation cap for unfair dismissal cases will be removed as well Other reforms such as day one rights to sick pay and paternity leave will remain as will a ban on zero-hour contracts and enhancing union powers
Department for Business and Trade said:
The Government convened a series of constructive conversations between trade unions and business representatives. On the basis of the outcome of these discussions, the Government will now move forward on the issue of unfair dismissal protections in the Employment Rights Bill to ensure it can reach Royal Assent and keep to the Government’s published delivery timeline.
“This will mean delivering day one rights to sick pay and paternity leave in April 2026 as well as launching the Fair Work Agency. Reforms to benefit millions of working people, including some of the lowest paid workers, would otherwise be significantly delayed if the Bill does not reach Royal Assent in line with our delivery timetable. Businesses too need time to prepare for what are a series of significant changes.
“The discussions concluded that reducing the qualifying period for unfair dismissal from 24 months to 6 months (whilst maintaining existing day one protection against discrimination and automatically unfair grounds for dismissal) is a workable package. It will benefit millions of working people who will gain new rights and offer business and employers much needed clarity. To further strengthen these protections, the Government has committed to ensure that the unfair dismissal qualifying period can only be varied by primary legislation and that the compensation cap will be lifted.
“As a result of these constructive conversations, tabling of the necessary amendments, and a commitment by the Government to a robust process to ensure full, fair and transparent consultation and discussion on the detail and application of the secondary legislation, businesses and unions agree that the Bill can progress. This will enable the Government to deliver the necessary consultations and implementation in line with its timetable and manifesto commitments to Make Work Pay.
The Government was pleased to facilitate these discussions and to set an example of the benefits of working together, and remains committed to continue engaging with trade unions, business and employers to make working lives better, support businesses and, vitally, deliver economic growth and good job creation. The Government is particularly aware of the need to support small businesses in the effective adoption of these changes. Constructive dialogue and full consultation with business, employers and unions will continue beyond the passage of the Bill”
Sharon Graham’s Unite described the bill as a “shell of its former self.” “These constant row-backs will only damage workers’ confidence that the protections promised will be worth the wait,” Graham added.
Chris Garner, MD of Manchester-based Avensure said
The government’s pledge to introduce day one protections from unfair dismissal represented one of the biggest shake-ups of employment rights in decades. Popular with Unions and unpopular with employers, it has been booted backwards and forwards between the Lords and the Commons like a political football and, whilst the announcement to scrap the day one protection and replace it with a 6-month protection may provide valuable breathing space for small businesses, it throws yet more uncertainty into the paths of HR professionals who are working tirelessly to prepare for the Bill.
“This announcement a day after the Autumn Statement will have come as a surprise to many – hopefully the waves of uncertainty will be quietened if the Bill receives Royal Assent on 8th December, but it looks like the government is going to have to fan a few flames before it gets there.”
