Chamber HR : Unfair Dismissal Rights Cut to Six Months — Is Your Business Ready?


From 1 January next year,employees will have unfair dismissal rights after 6 months, rather than the current 2-year period.  In addition, compensation for unfair dismissal claims will be uncapped.    

Sarah Darbyshire FCIPD

This will affect anyone employed after 1 July this year, so the clock is already ticking.   

Businesses therefore need to make sure the following HR processes are fit for purpose now: 

Recruitment 

  • Train recruiting managers in interview skills and the legal risks related to recruitment  

  • Clear job descriptions and person specifications so you know what you are looking for, and can measure candidates against them 

  • Competency based interviews for candidates to demonstrate that they have the right skills, experience etc for the role 

  • Value based interview questions to ensure fit within the team 

Probationary periods  

  • Train managers on how to manage performance/conduct and hold difficult conversations 

  • Review your probationary periods to allow time for any extensions – 3 months, with an option to extend for up to 3 months before unfair dismissal rights kick in 

  • Make sure you have a clear, documented induction and probationary period, and follow it 

  • Hold regular reviews to make sure the employee is settling into the role and performing against the job description 

  • Have early conversations about any concerns so that both the business and employee have time to address them 

  • Provide training, support and guidance for new starters 

  • Review any benefits/longer notice periods which kick in after probation periods have been completed  

  • Confirm the outcome of the probationary period, so that everyone is clear  


If you need any guidance, please get in touch

Sarah Darbyshire FCIPD
HR Consultant and Director 
HR Solutions Yorkshire Limited
Ad hoc and retained HR Advisory Services 
HR/People Strategy - Business Change - Management Development - Employee Relations 

T: 01937 591577
E: sarah@hrsolutionsyorkshire.co.uk
W: http://hrsolutionsyorkshire.co.uk
LinkedIn
 https://www.linkedin.com/in/sarahdarbyshirefcipd/

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