The House of Lords has voted against the Employment Rights Bill, suggesting amendments for the House of Commons to make - including changes to the promised day 1 protection from unfair dismissal.
In their manifesto, Labour promised employees would be protected from unfair dismissal from their first day of employment, removing the current 2 year waiting period. It was later confirmed that the bill would allow for probationary periods, during which employers could follow a 'lighter touch' process. The Lord's has suggested simplifying the process by removing the probationary period and instead delaying the protection from unfair dismissal until after 6 months of employment.
Our Principal Solicitor, Ian Jones, believes simpler is better. He believes the bill as proposed by the government is likely to lead to satellite litigation (related cases in both the tribunal and the court), as cases will likely touch on both contract law and statutory probationary periods.
However, The Lords are however likely to be overruled by the Commons. This was a promise made in the manifesto upon which the government was elected, and so it is likely the government will fight to keep their promise.
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