header-logo header-logo

Day one rights: what happened?

251514
© Getty images
Was the promise actually delivered? Robert Hargreaves & Lily Johnston explain why employers must act now
  • The Employment Rights Act 2025 reduces the unfair dismissal qualifying period from two years to six months and abolishes the statutory cap on compensatory awards entirely. Both changes take effect on 1 January 2027.
  • Anyone hired from July 2026 onwards will acquire protection at the six-month mark, and the financial exposure attaching to unfair dismissal claims is fundamentally changed.

When we wrote in these pages in November 2025, the Employment Rights Bill’s headline promise was straightforward: unfair dismissal would become a day-one right, with a statutory ‘initial period of employment’ during which a lighter-touch process would apply (‘Day one rights: a new chapter?’ 175 NLJ 8141, pp11-12).

The Employment Rights Act 2025 (ERA 2025) does not deliver that. Parliamentary events in the final weeks of the Bill’s passage produced a framework that is more modest in one respect and considerably more radical in another.

From promise to compromise

The

To access this full article please fill the form below.
All fields are mandatory unless marked as 'Optional'.
If you already a subscriber to New Law Journal, please login here

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

back-to-top-scroll