Day-One Unfair Dismissal Protection: What Employers Need to Know

The UK government is preparing to implement significant changes to employment law under the forthcoming Employment Rights Bill. Among the most impactful reforms is the introduction of day-one protection from unfair dismissal, a move that will reshape how employers manage recruitment, probation, and termination procedures.

Currently, employees must have two years of continuous service before they can bring a claim for ordinary unfair dismissal. The new legislation will remove this qualifying period, granting all employees the right to challenge unfair dismissal from the very first day of employment. This change is expected to come into force between late 2025 and April 2026, although the exact implementation date is still subject to parliamentary progress and consultation.

This reform is part of a broader package aimed at strengthening worker protections. Other proposed measures include a ban on exploitative zero-hours contracts, enhanced rights around flexible working, protection against fire-and-rehire practices, and improved family and bereavement leave entitlements.

For employers, the implications are substantial. Probation periods, often used as a buffer against dismissal claims, will no longer offer legal protection. Any dismissal, even in the first week of employment, will need to be fair, justified, and procedurally sound. This means employers must be prepared to evidence the reasons for termination and demonstrate that a fair process was followed.

To prepare, employers should begin by reviewing employment contracts and internal HR policies. Any clauses that assume unfair dismissal protection begins after two years should be revised. Staff handbooks and disciplinary procedures must reflect the new legal landscape, ensuring consistency and compliance.

Training for line managers will be essential. Those responsible for performance management and conduct issues must understand the risks associated with early-stage dismissals and be equipped to handle them appropriately. Poor documentation or informal terminations could lead to costly tribunal claims.

Recruitment processes may also need tightening. Employers should be more rigorous in hiring decisions, as the legal risk associated with dismissing unsuitable candidates will increase. Trial shifts, fixed-term contracts, or agency arrangements may offer more flexibility, but must be used lawfully and transparently.

The impact of these reforms will be felt across all sectors. Employers will face increased legal exposure, particularly from new hires. HR teams will need to invest more time in onboarding, documentation, and procedural fairness. Culturally, businesses must shift toward treating all employees—regardless of tenure—with the same level of care and legal consideration.

While the reforms aim to level the playing field for workers, they also present an opportunity for employers to strengthen their practices. By preparing early, businesses can reduce risk, improve retention, and demonstrate a commitment to fair treatment. The Employment Rights Bill is not just a legal shift—it is a call to raise standards across the board.