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ARTICLE · 21 OCTOBER 2024

Unfair Dismissal – A 'Day One Right'

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The Labour Party's Employment Rights Bill introduces major reforms, including making unfair dismissal a "day one right" by 2026, removing the two-year qualifying period. Employers will still be able to dismiss employees during a new "initial period of employment" under a lighter-touch process, with specific guidelines to be determined.

United KingdomEmployment and HR
Melissa Paz
Melissa Paz
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The Labour Party promised to lay an Employment Rights Bill (the 'Bill') before Parliament in its first 100 days in power and it did so on 10 October 2024. It is the most ambitious set of employment law reforms for more than a generation and it is difficult to think of an area of employment law that will be untouched.

Whilst the Bill is very lengthy, much of the detail has yet to be worked out. The Government expects to begin consulting on the reforms in 2025, anticipating that the majority of them will take effect no earlier than 2026.

By now, those with even a passing interest in employment law will be aware that the Bill proposes to make unfair dismissal a 'day one right'. It is one of the most fundamental changes being introduced, (although it will not be implemented until the autumn of 2026). What will the removal of the two-year qualifying period for unfair dismissal claims mean in practice - and what will happen to probationary periods?

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