Day one rights – an overview for HR, leaders, and founders

Day one rights – why embedding a robust probation process has become even more important

by Gill Bell – HR | Leadership | DEI
posted 03/10/24

Have you ever taken comfort (maybe not publicly!) in knowing that there is essentially a 24-month window before an employee can bring an unfair dismissal claim?

All that is about to change with the new Labour government’s proposed introduction of day one rights for employees.

What is changing?

The detail is not there quite yet, although the government has made it clear that we should be preparing for the introduction of “day one rights” for employees, suggesting that employees will no longer need to complete a qualifying period of service to lodge an unfair dismissal claim with an employment tribunal.

However, what Labour actually says is that it will be ‘subject to contractual probationary periods’. Suggesting that employers will be able to dismiss without fear of dismissal claims if the dismissal takes effect during a contractual probationary period.

What we can assume, and you need to prepare for, how you use probation periods and design an onboarding process that will drive success and highlight underperformance.

What does this really mean for HR professionals, leaders, and founders?

Onboarding a new employee is about creating an environment where they feel settled, comfortable and relaxed. Allowing them to develop at their own comfortable pace. Giving them the space and opportunity to make mistakes and learn from them.

How confident are you that your current processes ensure that you implement structured and regular performance reviews, provide clear and constructive regular feedback, and meticulously document every interaction and assessment.

Until now, you’ve had a chunk of time to address performance issues without worrying about laborious processes or immediate legal repercussions. You will soon need to be more proactive in managing performance closely through probation periods.

And the good news?

Rest assured it’s not all bad news. Apathy around managing probation periods and failing to address issues can often result in carrying poor performers for much longer than you should.

How many times have you given new employees the benefit of the doubt, labelling them ‘slow burners’ when, essentially, they are simply unsuitable for the role?

A change in approach will not only protect against potential legal claims but should also enhance the quality of hires and foster a higher performance culture work environment.

Now it's time to take action

While we wait to find out the detail of the legislative changes, start thinking about how you can make your probation processes more robust.

This will ensure that both employers and employees can benefit from a fair, supportive, and transparent evaluation process from day one.

I cannot stress enough the importance for Employers to adopt a proactive and thorough approach to managing probation periods, ensuring fair and transparent assessment processes.

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Gill is an experienced HR and commercial leader and Executive Coach.

After holding senior HR roles at EMI and The Sanctuary Group, she transitioned into HR and Business Strategy consulting before joining Handle in 2012.

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