On probation
Government is proposing for the right to claim unfair dismissal to be from day one of employment from Autumn 2026. Under this proposal, we understand that employers will be able to dismiss within an ‘initial period of employment’ (which will essentially be a probation period), provided a fair process has been followed.
It is worth noting, that as the Employment Rights Bill is currently drafted, a fair dismissal during a probation period, will not apply to redundancy dismissals.
Whilst a nine month probation period seems to be favoured by the Government, the length and terms of dismissal under probation are due to go through consultation with businesses before being brought into effect.
Probation preparation recommendations
Review contracts of employment and prepare to include updated wording on probationary periods and the process that should be followed.
Review (and/or develop) a probationary period policy/guidance.
Review the current process for determining if a staff member has passed or failed their probationary period. Ensure systems prevent probation periods from being passed by ‘default’.
Review the skills and confidence of managers to effectively manage a probation period and the probationary process, and assess any gaps. How this is reviewed will depend on the size of your organisation and your processes. , This could be achieved through reviewing required skills for scenarios, reviewing completed documentation or probation cases, questionnaires with managers, focus groups with managers, and open discussions with leadership.
Consider how any of these gaps could be filled by developing training and coaching required following the review. External training p roviders may be able to support you in this process.
Gender equality
If your organisation has more than 250 employees, the Government is proposing a requirementto develop and publish an ‘equality action plan’ to show positive steps on gender equality. The steps that employers may be required to take could include addressing the gender pay gap and supporting employees going through the menopause.
Menopause preparation recommendations
While the format is yet to be confirmed, when looking at the menopause, organisations and HR professionals should:
- Review what support is in place that could assist colleagues who may be experiencing menopausal symptoms.
- Research and assess what additional support could be provided to support colleagues that may be affected by the menopause.
- Review what processes, policies and practices may highlight or be impacted should a colleague be experiencing menopausal symptoms
- Develop a strategy towards menopause support for colleagues.
- Consider what training for managers or awareness training staff could partake in and how this will be delivered; whether developed internally, or with external support.
Switching off
The much discussed ‘right to switch off’ was not included in the Government’s Employment Rights Bill but will be brought into effect by way of a statutory Code of Practice.
It is understood this Code of Practice will provide workers with the right to disconnect from work outside of working hours and not be contacted by their employer.
The right to switch off preparation recommendations:
- Start having constructive discussions with employees to identify policies and working practices that support both employer and employee.
- Consider how staff work at present – do some like flexibility and working outside of working hours, or do some need help to disconnect if they may be working excessively?
- Start encouraging rest breaks and for people to switch off when there isn’t a business need to work.
- Think about how work is distributed to ensure workload is spread as evenly as possible.
- Encourage an open door policy where staff can speak openly if they feel their workload is unmanageable or they cannot disconnect for other reasons.
Be mindful of WhatsApp groups on personal mobile phones – perhaps consider muting them outside of working hours?
While many of the changes proposed by the Labour Government are not imminent, it is important to stay abreast of the ever changing legal and HR landscape to ensure that workplaces are legally compliant and harmonious working environments.