Day One Right Not to Be Unfairly Dismissed

The new Employment Rights Bill introduced by the Labour Party, as part of the recent King's Speech, heralds a significant shift in employment law. One key focus is anticipated to be the right of employees not to be unfairly dismissed from their first day of employment. This marks a departure from the previous requirement, which mandated up to two years of service for employees to qualify for protection against unfair dismissal. Here, we explore what this legislative change for employees and their union representatives could mean when enacted.

A New Era for Employee Protection

The Labour Party's proposal is a cornerstone of their ‘New Deal for Working People’, which aims to provide fundamental rights to all employees from the outset of their employment. This change addresses the longstanding concern that the risk of moving jobs disproportionately affects employees, often leaving them vulnerable during the initial period of their new employment.

What This Could Mean for Employees

1. Immediate Protection: Employees will benefit from immediate protection against unfair dismissal. This likely means employers must have a fair and transparent reason for terminating employment, even within the probationary period. The legislation should ensure that employees are not dismissed without cause, promoting job security and fairness. It has been indicated that there will be exceptions for agency and seasonal workers.
2. Probationary Periods with Fair Processes: It’s anticipated that the new law will still allow for probationary periods; however, the policy details suggest these periods will be governed by fair and transparent rules. If this proves to be the case employers will need to follow a fair process, including providing reasons for dismissal and giving employees the opportunity to improve or respond to any concerns.
3. Increased Job Mobility: By reducing the fear of unfair dismissal, the legislation should encourage employees to seek better opportunities without the apprehension of losing their jobs without justification. This can lead to better job matches and potentially higher wages for employees who feel secure enough to move between jobs.

Impact on Union Representatives

For union representatives, this legislative change is a significant victory in the fight for workers' rights. It empowers unions to advocate more effectively for their members, ensuring that all employees, regardless of tenure, are protected from unfair treatment.

Unions will play a crucial role in educating their members about their new rights and supporting them in unfair dismissal cases.

1. Advocacy and Support: Unions will be at the forefront of providing guidance and support to employees navigating the new legal landscape. This includes offering advice on handling unfair dismissal claims and ensuring employers adhere to the new regulations.
2. Monitoring Compliance: Unions will be key in monitoring employers' compliance with the new law, ensuring that the rights of employees are upheld. This includes working with legal experts, like Thompsons Solicitors, to challenge any breaches of the legislation.

Conclusion

This part of the proposed Bill marks a pivotal moment in UK employment law. By providing employees with immediate protection against unfair dismissal, the Labour Party's Employment Rights Bill promotes fairness, job security, and a more equitable workplace. As always, Thompsons Solicitors stands ready to support employees and unions in navigating these changes, ensuring that the rights of working people are upheld and advanced.