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03 December 2025
Issue: 8142 / Categories: Legal News , Employment , Disciplinary&grievance procedures , Compensation
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More changes to the Employment Bill?

MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons

Angela Rayner MP’s amendment would implement the change next April rather than April 2027—while the Bill itself is scheduled to come into force in April 2026, the qualifying period is delayed until 2027 to give employers more consultation time.

Last week, ministers scrapped their manifesto plans for day-one protection from unfair dismissal, instead reducing the current 24-month period to six months in order to ensure the legislation passes through the House of Lords in time.

Lawyers have largely welcomed the U-turn.

Jo Mackie, employment partner at Michelmores, said a day-one right to unfair dismissal would have been ‘unwieldy and unworkable and we predicted this would happen as soon as it was launched.

‘Probation periods are important for both employees and employers and the tribunals would really have struggled to keep up with the raft of new claims that would have arisen’.

Rena Magdani, partner at Freeths, said the decision ‘offers clarity to employers and employees and avoids what would likely have been complexity and uncertainty generated by the government’s proposed “light-touch procedure” during an “initial period of employment”’.

Ministers also confirmed last week the unfair dismissal compensation cap will be lifted.

Magdani said: ‘The current compensation cap is the lower of one year’s pay or £118,223. 

‘While the average unfair dismissal award is significantly lower than this cap, if the cap is significantly increased or removed, then the level of exposure to employers in unfair dismissal claims will increase, particularly in cases of high-earners, or those whose dismissal results in them leaving defined benefit pension schemes, or employees who struggle to find alternative employment.’

The Bill will retain day-one rights to sick pay and paternity leave.

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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