Business

Probation Procedures - Changes In The Law

Issue 107

Preparing your business for the changes in Employment Law.

The Employment Rights Bill, published on 12th October 2024, heralds significant changes for businesses. The Bill confirms that protection against unfair dismissal will be a day one right; it is expected that employers will be required to work to a maximum probation period of six months, and to provide formal reasons for any dismissal during probation. These are critical changes that businesses must prepare for carefully.

In an interview with Northern Insight, Kathryn Rodgers from face2faceHR discusses what businesses need to address as they adapt to the new legislation.

“This represents a significant shift,” explains Kathryn. “Since April 2012, employees have needed two years of continuous service to qualify for protection against unfair dismissal. Prior to that, 12 months of service was sufficient. For many small business owners, particularly those hiring for the first time, this is a steep learning curve. They often lack internal HR support to guide them through recruitment and onboarding. Given the existing backlog of tribunal claims, this change could lead to a substantial increase in cases.”

However, there is some good news. “Although the Bill has been published, it will take a few months to become law, as it still needs to pass through both Houses of Parliament before it is developed into full legislation. This gives small businesses valuable time to prepare.”

To ensure you are ready for the changes, Kathryn suggests the following key actions:

Review or establish company values: Ensure that your values are clearly defined to attract the right talent and that these are integrated into your onboarding processes.

Develop a robust probation process: Outline clear objectives, performance measures, and regular reviews. Provide guidance on how to address unmet objectives and how issues will be communicated and resolved.

Train managers in people skills: Equip your managers with the ability to provide constructive feedback and manage difficult conversations effectively.

Review employment contracts and handbooks: Ensure that your documentation reflects current probation practices and be ready to update it in line with the new legal requirements.

By taking these steps now, businesses will be better positioned to navigate the forthcoming changes and minimise the risk of any legal or operational challenges.

For help with your HR worries contact Kathryn Rodgers on 07946 330 025.

face2facehr.com

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