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Day one rights: a new chapter?

237021
Robert Hargreaves & Lily Johnston report on the demise of the two-year rule & what this means for employers & advisers
  • The Employment Rights Bill 2024–25 abolishes the two-year qualifying period for unfair dismissal protection, giving every employee ‘day one rights’.
  • Employers must revise probation, capability and disciplinary procedures so that fairness applies from the first day of employment.
  • Litigation risk will move from eligibility disputes to the quality of process and evidence of reasonableness.

The Employment Rights Bill 2024–25 delivers the most far-reaching change to dismissal law since the Employment Rights Act 1996 (ERA 1996). By removing the two-year qualifying period, it draws every worker within the scope of unfair dismissal protection from day one.

For many, this corrects a long-criticised imbalance between flexibility and fairness. For others, it threatens to blur managerial discretion with judicial oversight. Whatever the view, it will transform how HR teams and employment lawyers approach dismissal decisions.

At present, s 108, ERA 1996 prevents most employees from bringing

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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