Following the announcement made over a week ago and then a further communication this week, there is clarity on what is expected in relation to the position on unfair dismissal entitlement.
An employee has to have completed two years of continuous service to claim that a dismissal was unfair. This means that should an employer wish to dismiss the employee with less than two years service then they are not obliged to identify a fair reason for the employment termination or to carry out a full and proper process.
The government, as part of their manifesto to ‘make work pay’ proposed that unfair dismissal would become a day one right. In the latest announcement under the Employment Rights Bill, it was proposed that from January 2027 employees will have a right to claim unfair dismissal at a tribunal following completion of six months continuous service.
HR teams continue to reflect on the proposed ongoing changes outlined in the bill, the likely impact to internal processes and in particular the Probation Period.
Probation period
The probation period at the beginning of the employment relationship is vital in ensuring the suitability of the employee in the role and within the company. The probation review is a key tool to monitor performance and conduct, and includes:
- Identifying that the employee has the right skills
- Monitoring conduct e.g. behaviours, linked with the company values
- Allowing time for the employee to learn systems and processes, build relationships with all stakeholders of the business e.g. colleagues, clients/customers
How effective is your probation?
It is worth reviewing your probation period to ensure that the company can assess the suitability of the employee e.g capability and conduct.
Training line managers is key to effectively manage performance during the initial stages of the employment and within the timeframe of the probation period. This includes supporting managers to identify gaps in skills and putting in measures to address these, scheduling in regular 1-2-1s to assess progress, and key communication.
Having a robust probation review in place is going to be a vital process to enable the employer to assess the suitability of the new employee against their performance and conduct expectations during the initial period of the new employment, and before the entitlement to unfair dismissal applies.
Nockolds HR provides a review of the current probation process, and line manager training, to ensure that the business is equipped for the change to unfair dismissal.
For any guidance please reach out to our team on 0345 646 0406 or fill in our online enquiry form and we will be in touch.