Our CEO, Laura Evans, was ahead of the curve again, as was anyone she advised or spoke to at the time! As predicted by Laura when former Deputy PM Angela Rayner stepped down, the Government has today (27th November, 2025) announced that, instead of planned Day 1 protections from unfair dismissal under the Employment Rights Bill, the qualifying period for bringing unfair dismissal claims is now proposed to be 6 months.
The Employment Rights Bill has been going through a Parliamentary ping-pong between the House of Commons and House of Lords.
The main reason Laura felt reducing the qualifying period from the current 2 years was unworkable in practice is because the number of claims would significantly increase and there are already major backlogs in the Employment Tribunal system. We are hearing of cases being listed for 2029, which is a long time to have something hanging over a business, not to mention the wellbeing of claimants.
Day 1 or 6 months still reduces the timeframe and will likely lead to more claims therefore there remains a need for significant investment to reduce backlogs and prevent the system from falling over.
Many people have suggested Day 1 rights are unworkable because it may make it less likely for workers from certain backgrounds to be offered work. In some cases this may be true. However, there are already longstanding Day 1 protections against ‘automatically unfair’ dismissal, the categories of which capture many (though admittedly not all) of these types of workers. It also includes where the reason for dismissal is discrimination under Equality Act 2010 protected characteristics.
Employers should already be very mindful when dismissing anyone falling within these categories, regardless of length of service.
A proposed reduction seeks to bring all workers more in line, offering greater protections from unfair dismissal to those who cannot rely on automatically unfair reasons.
Commenting more broadly on unfair dismissal rights, Laura said: “I personally think any decent employer should be seeking to treat all workers fairly from the first day of employment regardless of whether there’s a legal duty to do so. We advise Glass Ceilings Change Management’s policy clients in this regard, supporting them to implement a progressive approach whilst remaining productive and having the flexibility to take action when something goes seriously wrong. It’s also enshrined throughout the Glass Ceilings Work-Life Inclusion Policy Framework®.”
Laura and Glass Ceilings Change Management remain politically neutral in the delivery of our work and insights.
If you would like advice on any of these issues as the Employment Rights Bill makes its way through Parliament, contact: [email protected]
27th November, 2025