UK employers to retain right to place new hires on 6-month probation

On 19 September 2024, it was reported by the Financial Times that, in connection with Labour's pledge to provide protection from unfair dismissal as a "day one" right, employers will be able to put new employees on probation for up to six months.

Earlier reports referred to a divergence of view between Deputy Prime Minister, Angela Rayner MP, who wished to see a brief probationary period (at most) and Business Secretary, Jonathan Reynolds MP, who favoured a longer period of up to nine months.

In proposing day one unfair dismissal rights the government previously stated that it would be possible for employers to fairly dismiss new hires during a probationary period "with fair and transparent rules and processes". There is currently no detail on what these rules and processes will be or how they will be expected to operate.

If the government sticks to its 100-day time limit, a draft Employment Bill (which it is anticipated will address day one rights) will be presented to Parliament by 12 October 2024.  However, as pointed out by Daniel Barnett yesterday, as 12 October is a Saturday and Fridays are normally reserved for Private Members Bills, the Employment Bill is likely to be published on 10 October 2024 - watch this space!

Sources: UK employers to retain right to place new hires on 6-month probation, ft.com, 19 September 2024

If you would like to discuss how the proposed day one unfair dismissal rights could affect your company, please contact our team on 01342 347063 or email hello@starfordlegalhr.com