Upcoming Employment Rights Act Changes: What Employers Need to Know

As the UK introduces a series of reforms to the Employment Rights Act, Katie Hodson, Partner and Head of Employment at SAS Daniels Solicitors, shares her insight on what the changes mean for employers.

As you will be aware, the UK is introducing a series of reforms to the Employment Rights Act. These changes will affect core areas of HR practice, from unfair dismissal rights to family friendly entitlements.

Katie Hodson, Partner and Head of Employment at SAS Daniels Solicitors shares her valued insight on the changes and implications for your business.

Probation and recruitment

One of the most significant changes is the proposed reduction of the qualifying period for ordinary unfair dismissal from two years to six months. This will inevitably influence how employers approach probation. Probation periods will need to be meaningful, actively managed and properly documented. Managers will need to be confident in addressing performance concerns early so that decisions can be made within the first six months of employment.

Recruitment practices will also need a fresh look. With unfair dismissal protection kicking in earlier, employers may want to refine their selection processes, strengthen pre employment checks and ensure that job descriptions and expectations are clear from the outset. None of this requires a radical overhaul, but it does require intentional planning.

Family friendly changes

Alongside this, employers will need to update their policies to reflect the wider package of reforms, particularly the family friendly changes. These include enhancements to parental leave, carer’s leave and neonatal leave. Policies covering maternity, paternity, shared parental leave, adoption leave, time off for dependants and flexible working will all need reviewing to ensure they reflect the changes. HR teams should also consider whether their systems can accommodate new types of leave or different notification requirements.

Don’t panic

What employers should not do is panic. There is a lot of scaremongering circulating; claims that employers will no longer be able to manage performance or that dismissals will somehow become impossible. This isn’t entirely accurate. Fair dismissals will remain entirely achievable; the key difference is that decisions may need to be made earlier in the employment relationship. Once an employee reaches six months’ service, the same principles still apply: employers can dismiss fairly, provided they follow a reasonable process and ensure their documentation supports the decisions they make.

The most effective approach is a proactive one. Begin reviewing policies now, map out which areas will need updating, and plan training for managers so they understand the new landscape. With thoughtful preparation, these changes can be integrated smoothly and without disruption.

Ultimately, these changes are manageable, predictable, and entirely navigable with sensible preparation. Employers who start planning now will be in a strong position to adapt smoothly.

Support from SAS Daniels

At SAS Daniels, we appreciate that upcoming legislative changes can feel like a lot to navigate, which is why we offer flexible support to suit different needs. Some employers prefer to come to us for ad hoc advice as and when issues arise, while others choose the certainty of our fixed fee SAS Protect membership service, which provides ongoing advice and assistance throughout the year. This includes help reviewing and updating contractual documentation and policies, as well as day to day guidance on managing HR and employment law matters.

For more information, please visit: www.sasdaniels.co.uk