UKHospitality has welcomed the government’s decision to revise the original proposals around dismissal rights from the very first day of employment. Under what had been proposed, employees would have been entitled to claim unfair dismissal the moment they started a job. That plan has now been replaced. The qualifying period will instead be set at six months, under the upcoming Employment Rights Bill.
What’s Changed, and What Remains?
The right to claim unfair dismissal from day one has been dropped. Instead, a six-month qualifying period applies. Existing protections against dismissal on discriminatory or automatically unfair grounds (e.g. for whistle-blowing, union activity, etc.) remain in place from day one. Other “day one” protections, including statutory sick pay and paternity/parental leave, are still planned, with implementation expected in April 2026.
Industry Response
Kate Nicholls, Chair of UKHospitality, described the change as “a pragmatic step”, one that addresses a major concern for hospitality businesses. In her view, the six-month threshold is far more workable, especially for firms that hire many people on short-term or seasonal contracts. The British Beer and Pub Association (BBPA) also reacted positively. Its members had warned that offering full dismissal protection from day one could discourage hiring, especially given the financial pressures many operators already face. That said, both associations emphasised that the rest of the Employment Rights Bill still brings significant changes and urged the government to consider delaying some measures (like day-one statutory sick pay) to give businesses more breathing space in light of rising costs.
Why the Revision Happened
The proposal to grant day-one dismissal rights had become a major sticking point in parliamentary debates. Although the original goal under the Employment Rights Bill had been to deliver protections from day one, the pressure from business groups and concerns about labour market flexibility led to a compromise. Under the revised plan, the previous “two-year” qualifying period for unfair dismissal claims will be shortened to six months.
What It Means Going Forward
For workers: while the hoped-for “day one” protection against unfair dismissal didn’t survive, the reduction from two years to six months is still a meaningful improvement. Plus, the new rights to sick pay and parental/paternity leave from day one remain intact, which are important gains for many employees.
For employers, the revised approach may offer a more manageable balance between employee protections and operational flexibility. But as industry leaders have noted, the wider changes in the Employment Rights Bill will still bring extra costs, regulatory requirements, and a need for careful HR planning.
