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employee probation
Getting Employee Probation Right
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by Rebecca Lister |
Article Summary
The Employment Rights Act 2025 – the most significant overhaul in decades – introduces a programme of reforms leading to 2027 that reshape employer obligations and employee rights. Much of the burden for implementing change will fall on HR departments, but support is at hand.
Veronica Fox from Kent-based HR consultancy, Eclipse HR, sets out the key milestones and HR priorities for HR professionals.
Employees will benefit from immediate access to paternity leave, unpaid parental leave, shared parental leave, parental bereavement leave and carers’ leave, increasing flexibility for working parents. Paternity leave will also be available after shared parental leave.
SSP will be payable from day one of sickness, the Lower Earnings Limit will be abolished, and the rate will increase. This extends eligibility to part-time and lower-paid workers, increasing employer costs.
Among other reforms, those raising concerns about sexual harassment will obtain whistleblower protections. The protective award for failures to comply with collective redundancy consultation requirements will double and a new Fair Work Agency will be introduced to oversee enforcement of certain employment rights.
Employers’ ability to end employment on notice and immediately offer different terms of employment will be greatly restricted. Employers will need more robust consultation processes and alternative strategies for seeking to amend employment terms.
The existing requirement to protect employees through “reasonable steps” becomes an obligation to take “all reasonable steps” to prevent sexual harassment. Compliance will, as a minimum, require clear policies, mandatory staff training, manager training and evidence of proactive prevention.
Instead of true day-one unfair dismissal rights, a six-month qualifying period will apply. This preserves a meaningful probationary period while significantly strengthening employee protection and placing an onus on employers to get recruitment processes and early management right.
Employers will need to publish gender pay gap and menopause action plans, shifting reporting from transparency to accountability.
Additional protections will apply, making it unlawful to dismiss an individual during pregnancy, throughout maternity leave and for a period after returning to work to reduce the risk to employees of discrimination or unfair dismissal. This will impact performance, conduct and redundancy processes involving relevant individuals and is likely to be extended to other family-friendly leave.
New rights are designed to ensure predictable working hours, minimum notice for shifts and compensation for late cancellations for those working on zero-hours employment contracts and the right to guaranteed hours after a certain time.
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Training: an important part of ensuring your workplace adapts, remains compliant and implements new employee protections effectively.
With a shorter window of time for unfair dismissal rights, Eclipse HR provides essential management training to upskill managers in recruitment, onboarding, probation periods and dismissal, and new family-friendly rights and pregnancy protections.
Employers should also consider all-staff training to ensure their workforce understands the requirements not to engage in workplace harassment and discrimination.
All Eclipse HR training is tailored to the needs of your business.
Auditing handbooks, policies and contracts: including family-friendly policies, sickness procedures, dismissal processes, zero hours arrangements and harassment procedures.
Eclipse HR’s experienced team can help you to review and revise these essential documents to ensure they remain both compliant and tailored to your business, with support from the Employment team at Whitehead Monckton to update your employment contracts.
Strengthening HR governance: ensuring accurate records, transparent processes and consistent decision making.
Budgeting for increased costs: particularly SSP and expanded leave rights.
If your business relies on zero-hours contracts now is the time to start planning ahead to mitigate the impact when restrictions come into force in 2027.
Eclipse HR is a professional HR consultancy providing businesses across the South East and London with practical HR advice and support tailored to their unique needs.
From employee relations and recruitment to complex workplace issues, Eclipse HR helps organisations manage people with confidence – ensuring that professionalism and respect remain at the heart of every interaction.
For more information on how we could help you with your HR priorities, get in touch to speak to a member of our team today, or please feel free to explore our website to learn more about the HR services we provide in Kent and the South East.
About the Author
Veronica Fox is a Chartered Member of the CIPD with extensive HR experience across the public and private sectors. Now an HR consultant at Eclipse HR, she specialises in investigations, disciplinary matters and practical HR support for businesses and education settings.
Disclaimer: Information and reference materials included within Eclipse HR Limited articles and blogs are provided free of charge and for reference purposes only. They are not intended as a substitute for legal advice, or professional or other advice in regard to specific circumstances. Whilst every effort is made to ensure the contents are correct on website publication, they should be considered for guidance purposes only.
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