New Government plans for day one unfair dismissal rights have been leaked
The Financial Times appears to have obtained documents outlining the Government’s intention to introduce much stricter protections for new employees.
The Financial Times appears to have obtained documents outlining the Government’s intention to introduce much stricter protections for new employees. However, they will also allow employers to “keep new hires on probation for up to six months”.
Now this isn't entirely unexpected. The Labour Party's pre-election promise to extend unfair dismissal protections from day one made it clear that probationary periods would likely play a role. Six-month probation periods are also common in most employment contracts, so this proposal seems to align with current practice.
This raises questions around how these extended probationary periods will interact with unfair dismissal rights. For instance:
- Will employers have a simplified dismissal procedure during this six-month period?
- Will the new rules apply to employment contracts retrospectively (i.e. to all employment contracts in force) or only to contracts created after the law comes into effect?
- Will this simply give employers a defence to a claim for unfair dismissal (rather than the employees simply not being allowed to bring those claims) – meaning employers would still be forced to incur the cost of defending unfair dismissal claims by employees?
But perhaps the most important question on your mind is: Is there anything you can do about it right now?
In short – yes, here are a few things you can do:
- Work on the basis that the new ‘day one right to unfair dismissal’ is going to come into force soon and when it does, it will apply to all contracts of employment straight away (basically, the worst-case scenario).
- Review your contracts, and make sure any new employment contracts you issue to staff have a very clear and well-drafted probationary period clause, which expressly confirms that the probationary period is for 6 months. Keep in mind that there will probably be little point making the probationary period extendable past (or longer than) six months – I expect the Government will have thought about that potential loophole..!
- Review your workforce. Are there any troublesome employees who have over six months but less than two years’ of service? If yes, you might want to act now…
If you would like to discuss how your business can start making those changes or need help drafting employment contracts or probation clauses, our specialist Employment Team would be happy to assist you further. Please email info@leathesprior.co.uk or call us on 01603 281153.
If you’re interested more generally in how your business can best prepare for the Government’s new Employment Rights legislation, get in touch to book a space at our next Modern Employer seminar, titled 'Seeing Red?'. Contact Rhiannon Bond via rbond@leathesprior.co.uk to book.
Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.
Source: UK employers to retain right to place new hires on 6-month probation (ft.com)
.jpg)
Maternity Services in England: Recent Reports and What They Mean for Families
In a follow up to our recent article on maternity safety, Polly Langford, Partner in our Personal Injury & Clinical Negligence Team has written on the findings of the Ockenden Report and what this means for families.
Competing uses of farmland - what the new Land Use Framework means for your business
The Government has published the Land Use Framework – which DEFRA says is “a plan for delivering new homes, nature restoration, clean energy and food security." Rebecca Allen, Senior Associate in our Agriculture Team explains what this means and what to consider for your business.
Maternity Services in England: Recent Reports and What They Mean for Families
In a follow up to our recent article on maternity safety, Polly Langford, Partner in our Personal Injury & Clinical Negligence Team has written on the findings of the Ockenden Report and what this means for families.
Competing uses of farmland - what the new Land Use Framework means for your business
The Government has published the Land Use Framework – which DEFRA says is “a plan for delivering new homes, nature restoration, clean energy and food security." Rebecca Allen, Senior Associate in our Agriculture Team explains what this means and what to consider for your business.
Changes to qualifying period: Time to rethink probation periods?
From 1 January 2027, the qualifying period is reducing from two years to six months. But the reality is that the new law will apply to all employees who have already accumulated at least six months of continuous employment by this date. This means that now is the right time for employers to be reviewing their employment contracts and rethinking strategies on probationary periods.
Proposals for reform of cohabitation rights on the death of a cohabitating partner
Georgia Sartin, a Solicitor in our Property and Contentious Probate Team explores the government’s recent open consultation ‘a fairer end to relationships’ published on 5 June 2026, , in respect of the proposals for reform for cohabitants in the intestacy framework and 1975 Act claims.
%20cropped.jpg)
Who is accountable for maternity safety? The case for a maternity commissioner following the birth trauma inquiry.
The safety of maternity services in England has been under intense scrutiny in recent years, now, a national campaign has been launched for the appointment of a dedicated Maternity Commissioner.
What is the difference between a share sale and an asset sale?
When running a business, company founders and shareholders will inevitably, at one stage or another, want to consider potential succession options, the most prominent being an exit by way of trade sale. Hugo Persad, Trainee Solicitor in our Corporate Team provides an overview of what the difference is between a share sale and an asset sale.
UK GDPR Update: What the Data (Use and Access) Act 2025 Means for Organisations
While several updates under the Data (Use and Access) Act 2025 came into force on 5 February 2026, the next key development for organisations is still to come. From 19 June 2026, organisations will be legally required to implement a formal complaint handling process for data protection matters. This is a significant shift, placing greater emphasis on resolving issues internally before they escalate to the regulator.
.jpg)
Selling a Probate Property: A Guide for Executors
Acting as an Executor can feel daunting, especially if there is a property which needs to be sold as part of the estate administration process. If you have been appointed as an Executor and you are unsure where to begin, here are some key things to consider.
%20website.jpg)
Leathes Prior's Personal Injury & Clinical Negligence Team Secure Settlement for Client
Kate Smith (Senior Associate) and Kimberley Nelson (Paralegal) were instructed in relation to a workplace personal injury claim, and successfully secured a five-figure settled for the client.
.jpg)
New Restrictions to Charitable Giving: What You Need to Know
Changes to UK tax law regarding charitable giving took effect from 6 April 2026. Following legislative amendments in the Finance Act 2025-26, the generous tax exemptions associated with charitable gifts - specifically Inheritance Tax (IHT) exemptions - will be restricted to gifts to UK-registered charities. Ejike Ndaiji, Partner in our Wills, Trusts, & Probate and Charities Team explains...
Employment Rights Act 2026: The New Trade Union Right Of Access - Will it matter?
The Government has now published its response to the “Make Work Pay: Trade Union Right of Access” consultation which means we are now one step closer to properly understanding what these new access rights really will be.
%20cropped.jpg)
-3.jpg)
