{"id":1160,"date":"2026-09-04T14:44:53","date_gmt":"2026-09-04T14:44:53","guid":{"rendered":"https:\/\/togbusinessstg.wpenginepowered.com\/day-one-rights-and-probation-a-practical-guide-for-hr-professionals-and-line-managers\/"},"modified":"2026-09-04T14:44:53","modified_gmt":"2026-09-04T14:44:53","slug":"day-one-rights-and-probation-a-practical-guide-for-hr-professionals-and-line-managers","status":"publish","type":"post","link":"https:\/\/theonegroup.co.uk\/talentpartners\/day-one-rights-and-probation-a-practical-guide-for-hr-professionals-and-line-managers\/","title":{"rendered":"Day One Rights and Probation: A Practical Guide for HR Professionals and Line Managers"},"content":{"rendered":"

Day One Rights and Probation: A Practical Guide for HR Professionals and Line Managers<\/h2>\n

\u200b
\nWhy It Matters<\/span>
\n<\/b><\/p>\n

How often have you had to unpick a poor hiring decision after someone has been with your organisation for over a year? When talking to the manager you find out they\u2019ve always had niggling doubts, but just wanted things to work out, so they gave more and more leeway. Until finally, resentment has built within the team and now they need to let someone go. Luckily, the individual concerned has less than 2 years\u2019 service, so you can take them through a shorter process than your regular capability procedure. <\/span>\n<\/p>\n

Well, the new Employment Rights Bill will put paid to that!<\/span>\n<\/p>\n

Now, more than ever, managers need to be use robust recruitment practices, and they need to manage probation periods proactively, with a clear understanding of what success looks like, and how to support the individual to achieve it.<\/span>\n<\/p>\n

\u200b<\/p>\n


\n What\u2019s Changing?<\/span>
\n<\/b><\/p>\n

The box below provides a comparison of the <\/span>
\n current rights<\/b>
\n <\/span>
\n a new employee has from day one versus the <\/span>
\n new position as proposed under the Employment Rights Bill<\/b>
\n <\/span>
\n . <\/span>\n<\/p>\n


\n Key Employment Rights: Current vs. New Position<\/span>
\n<\/b><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
\n


\n Area<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Current Position (Pre-Bill)<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n New Position (Post-Bill)<\/span>
\n <\/b><\/p>\n<\/td>\n<\/tr>\n<\/thead>\n

\n

\n Unfair Dismissal Protection<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Employees must have 2 years\u2019 continuous service to claim unfair dismissal.<\/span>\n <\/p>\n<\/td>\n

\n

\n Protection from unfair dismissal from day one (with a statutory probation period: currently proposed to be nine months, but this could change).<\/span>\n <\/p>\n<\/td>\n<\/tr>\n

\n


\n Statutory Sick Pay (SSP)<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n SSP entitlement starts after 3 waiting days; lower earnings limit (of \u00a3125 per week on average) applies.<\/span>\n<\/p>\n<\/td>\n

\n

\n SSP available from day one; lower earnings limit removed.<\/span>\n<\/p>\n<\/td>\n<\/tr>\n

\n


\n Parental, Paternity & Bereavement Leave<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Qualifying period (usually 26 weeks) before entitlement.<\/span>\n<\/p>\n<\/td>\n

\n

\n Entitlement from day one of employment.<\/span>\n<\/p>\n<\/td>\n<\/tr>\n

\n


\n Flexible Working<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Employees can request flexible working after 26 weeks\u2019 service; employer can refuse.<\/span>\n<\/p>\n<\/td>\n

\n

\n People can request flexible working from day one. Employers will have eight specific reasons to justify refusal.<\/span>\n<\/p>\n<\/td>\n<\/tr>\n

\n


\n Pregnancy & Maternity Protections<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Some protections, but weaker for those returning from leave.<\/span>\n<\/p>\n<\/td>\n

\n

\n Stronger protections for pregnant employees and those returning from family leave.<\/span>\n<\/p>\n<\/td>\n<\/tr>\n

\n


\n Zero-Hours Contracts<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n No right to request guaranteed hours; no compensation for cancelled shifts.<\/span>\n<\/p>\n<\/td>\n

\n

\n Right to request guaranteed hours after regular patterns; compensation for cancellations.<\/span>\n<\/p>\n<\/td>\n<\/tr>\n

\n


\n Fire and Rehire<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Permitted with consultation; often used to change terms and conditions.<\/span>\n<\/p>\n<\/td>\n

\n

\n Banned except in extreme circumstances, where the employer can prove they are in financial difficulty, likely to affect their viability.<\/span>\n<\/p>\n<\/td>\n<\/tr>\n

\n


\n Harassment Prevention<\/span>
\n <\/b><\/p>\n<\/td>\n

\n

\n Employer must respond to complaints; no proactive duty.<\/span>\n<\/p>\n<\/td>\n

\n

\n New proactive duty to prevent sexual harassment in the workplace. This has been in place since<\/span>
\n October 2024.<\/b>
\n <\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u200b<\/p>\n


\n What This Means in Practice<\/span>
\n<\/b><\/p>\n


\n Employees who join before the new law comes into force will not be disadvantaged:<\/span>
\n<\/b>
\n\u00a0<\/span>\n<\/p>\n

As soon as the new law is implemented, all employees\u2019 rights will be upgraded to match the new standards. They will not have to wait two years for unfair dismissal protection or 26\u00a0weeks for statutory leave; the new day-one rights will apply to them as well as to new starters. <\/span>\n<\/p>\n


\n So now is the time to act and prepare for these changes to apply to all current staff, not just those hired after the new law takes effect.<\/span>
\n<\/b><\/p>\n

\u200b<\/p>\n


\n How Can Employers Prepare?<\/span>
\n<\/b><\/p>\n

Even though most reforms will not take effect until 2026, reviewing current practice and updating policies, processes and training will support your people strategy, and keep you ahead of the game. <\/span>\n<\/p>\n

Here are the key steps employers should be engaging in:<\/span>\n<\/p>\n


\n 1.\u00a0Stay Informed and Monitor Progress<\/span>
\n<\/b><\/p>\n