Since the labour party’s manifesto pledge to make unfair dismissal a day one right, the topic has been the centre of media headlines along with questions as to how it would work in practice.

The proposed Employment Rights Bill sought to make the pledge a reality, with unfair dismissal rights being granted on day one of employment, but with a probationary period (or “initial period of employment” of 9 months) whereby justifying a dismissal may be slightly easier for employers.

However, in a dramatic development and a blow to the government, the House of Lords has now voted to significantly amend one of the key safeguards in the Bill.

The House of Lords voted to remove the concept of an initial period of employment altogether. Instead, it backed an amendment that would reduce the qualifying period for unfair dismissal from two years to six months. This offers earlier protection to employees without creating a new legal structure.

The House of Lords argued that this approach is both simpler and fairer. It avoids the need for a separate dismissal framework and reduces the potential for legal uncertainty.