With effect from 1 January 2027, any employee with at least six months’ continuous service will be able to bring a claim for unfair dismissal if they are unhappy with the way in which their employment has terminated. No longer will employees require 2 years’ service, as the law currently provides. This change in the law is very significant and is likely to require most employers to review and update their current practices and procedures.
Action required
If you have not already done so, as an employer, you should be:
Many of the contracts of employment we have both reviewed and prepared over recent years have included a 6-month probationary period. Typically, these probationary periods can be extended by a further 3 months, if extra time is required. However, given the shortening of the qualifying service required to claim unfair dismissal, employers will no longer have the luxury on taking quite so long to decide whether someone is making the grade. Instead, these decisions will need to be made within the first 6 months. So the length of probationary periods will, in many cases, need to be shortened. These period will also need to be much more carefully policed.
Need a hand?
If you need help in reviewing your contracts of employment and revising your practices and procedures, please get in touch. We’re here to help.
James qualified as a solicitor in 2001, having completed his academic studies at the University of Sheffield. Throughout his career, he has worked for a number of prestigious regional law firms, joining stevensdrake as Head of Employment Law in 2012.
As well as pursuing and defending the full range of Employment Tribunal claims, James spends a considerable amount of his time providing advice and support to businesses of various sizes. He advises on a wide variety of HR and employment law issues, including employment contracts, HR processes and procedures, grievances, disciplinary issues, absenteeism, performance management and settlement agreements. He also regularly helps clients with redundancy exercises and internal reorganisations.
James has previously been described as an ‘Associate to Watch’ by Chambers UK, an independent guide to the legal profession. His clients regard him as “thorough”, “easy to work with” and someone who avoids blinding them with legal jargon.
Outside of work, James balances family life with ambitions of swimming, running and cycling a bit faster.
stevensdrake © 2019 All Rights Reserved. Authorised and regulated by the Solicitors Regulation Authority Number 525527. *stevensdrake* and *stevensdrake solicitors* are trading names of stevensdrake limited (registered in England and Wales under number 7159192). A list of the directors is displayed at the above address. stevensdrake are authorised and regulated by the Financial Conduct Authority (FCA) for debt collection and insurance mediation. It is registered the FCA under registration number 702596.
