One of the government’s flagship changes in the Employment Rights Bill – due to take effect in 2027 – promises day-one protection against unfair dismissal. It was a key part of Labour’s election manifesto.
Originally, the Bill introduced an ‘initial period of employment’ (expected to last nine months) that would let employers dismiss staff through a simplified procedure intended to balance workplace flexibility with employee fairness. The government planned to consult on the details of this process over the course of the next year. You can view our earlier blog on the government’s Roadmap here, to see when various consultations are due to take place.
Peers in the House of Lords have now removed that initial period entirely. Instead of being a day-one right, their amendment shortens the current two-year qualifying period for unfair dismissal claims to six months. Supporters of the amendment argue that this is simpler and avoids creating a new legal structure, potentially easing the load on tribunals. It’s difficult to argue that it wouldn’t make things simpler.
The Bill now returns to the House of Commons. The government is likely to use its majority to overturn the Lords’ change and restore its original proposal, after which peers must decide whether to press the point or step aside.
The question remains: will day-one rights be paired with a nine-month dismissal window or will it be a more straightforward six-month qualifying rule?
You can read the debate surrounding Amendment 49 here: