Employers are facing a major shift: soon, employees may be able to claim day one unfair dismissal rights. Traditionally, UK workers needed two years’ service to bring a claim, but the Government plans to abolish this qualifying period. As John Bloor from EBS Law, I’ll guide you through what this means for your contracts, probation periods, and employment processes — so you can stay ahead and compliant in this evolving legal landscape.
What Employers Need to Know About Day One Unfair Dismissal Rights
What Are Day One Unfair Dismissal Rights?
Historically under section 108 of the Employment Rights Act 1996, employees had to complete two years’ continuous service before bringing an ordinary unfair dismissal claim. That’s changing. Under the new Employment Rights Bill, **day one unfair dismissal rights** mean individuals may bring claims from their first day of employment — although a “light-touch” dismissal process is expected to apply during an initial probationary period :contentReference[oaicite:9]{index=9}.
Why Are Day One Unfair Dismissal Rights Changing?
The aim is to ensure fairer workplaces and remove inequality between employers of different sizes. The Government has confirmed these new rights won’t take effect before Autumn 2026, and will be accompanied by regulations outlining a statutory probation or “initial employment period” :contentReference[oaicite:10]{index=10}. This gives businesses time to prepare while offering flexibility for dismissals based on capability, conduct, or SOSR during probation.
What Counts as a Day One Unfair Dismissal Rights Claim?
Once the changes take effect, any dismissal that fails substantive or procedural fairness may be open to challenge — even from day one. Valid dismissal reasons include:
- Poor performance or misconduct
- Redundancy or business restructuring
- Some Other Substantial Reason (SOSR)
Plus, dismissals are automatically unfair from day one if based on protected characteristics, whistleblowing, or health and safety issues :contentReference[oaicite:11]{index=11}. The probationary process may reduce procedural burdens, but fairness remains essential.
How to Prepare Contracts for Day One Unfair Dismissal Rights
Review your contracts now. You should clearly state:
- The length of any probation or “initial employment period”
- Notice periods during probation
- Your dismissal procedure during that period
Any amendments made before Autumn 2026 should be communicated and agreed in writing. It’s wise to include transparent probation review points, making it harder for tribunals to later challenge dismissals as unfair.
If you would like free advice on updating your employment contracts, John Bloor and the team can help. Call John on 01625 874400 or email enquiries@ebslaw.co.uk.
Departmental Changes
HR and line managers will need revised processes:
- Standardised probation reviews
- Prompt issue-raising and feedback
- Mandatory record-keeping of concerns and meetings
These adjustments will show you acted reasonably if a tribunal later considers a **day one unfair dismissal rights** case. The ACAS Code on discipline and grievances will still apply, especially for dismissals based on conduct or capability :contentReference[oaicite:12]{index=12}.
How Probation Fits With the New Dismissal Rights
The new law will allow a “light-touch” dismissal process within a defined probation period — likely 3–9 months :contentReference[oaicite:13]{index=13}. But businesses must still:
- Inform the employee of the reason for dismissal
- Give an opportunity for response
- Provide a short fair hearing
For dismissals post-probation, full procedural fairness will apply. Ensure your processes are documented so you can show compliance at every stage of probation or dismissal decision-making.
Risk Management for Employers
Key risks include:
- Automatic claims for discrimination or whistleblowing from day one
- Tribunal costs even for short-term dismissals
- Damaged reputation and staff morale
Effective mitigation includes:
- Clear, legally compliant probation policies
- Regular training for managers on fair dismissal practices
- Contract reviews and revisions before Autumn 2026
How EBS Law Can Help With Day One Unfair Dismissal Rights
At EBS Law, we help employers:
- Revise contracts and probation terms
- Design fair dismissal processes compatible with day one rights
- Train HR and managers on handling early dismissals
- Defend against tribunal claims if needed
Our fixed-fee advice gives clarity on the changes ahead, so your business is ready, risk-aware, and legally compliant.
Contact John Bloor today for expert support on **day one unfair dismissal rights**. Call 01625 874400 or email enquiries@ebslaw.co.uk.
Further Reading From EBS Law
For official guidance on dismissals and unfair dismissal, see the ACAS guide to unfair dismissal.