Weighing the impact of Day One Rights: APSCo UK’s perspective

The Resolution Foundation’s ‘Unfair Dismissal – Day One Frights’ report, echoed in recent parliamentary updates covered by the BBC’s ‘Workers' rights bill set for parliamentary “ping pong”’, reinforces APSCo UK’s long-held position: the Government should retain - but shorten - the qualifying period for unfair dismissal protection, rather than introduce day-one rights tied to a complex statutory probationary framework.

On 29th October, the Peers held firm to their amendments on day one rights for unfair dismissal, meaning the Bill will now return to the Commons for another round of debate and voting. 

We reinforce the argument that we should strive for balance over boldness: keep the Employment Rights Bill’s protections that genuinely reduce insecurity but replace “day one” unfair dismissal rights with a shorter qualifying period to protect both workers and job creation.  

The Government’s current plans are at odds with the practical realities of the Employment Rights Bill and risk significantly increasing the regulatory burden on employers. We agree with the Resolution Foundation’s recommendation that the Government should retain a qualifying period but reduce it from two years. APSCo UK's position is a minimum of six months which aligns with the House of Lords amendment, which proposes a six-month qualifying period.  

Among employers who use probation periods, the Resolution Foundation reported that only 3% use probation periods greater than six months, and almost two-thirds use a period of three months or less. We asked our members this question earlier in the year, and most members use at least a six-month probation, with some stretching to a twelve-month period.  

 The Resolution Foundation warns that even with probationary periods, day one rights could have unintended downsides: 

• Limited worker benefits: Job loss is far less common than 30 years ago, and workers feel more secure. The Foundation suggests focusing reforms on areas with greater wellbeing gains, such as shift work. 
• Tribunal pressures: Employment tribunals already face a growing backlog, with some cases taking up to two years. More claims could worsen delays and undermine enforcement.
• Hiring concerns: While employment laws don’t strongly affect unemployment overall, they can dampen hiring - particularly for SMEs that rely on flexible recruitment. 
  

APSCo UK's position throughout the Bill's passage has been consistent: amending the current qualifying period represents a faster, more pragmatic path forward than implementing the complex "day one rights" structure.  

How APSCo UK are supporting members with the Employments Rights Bill 

Throughout the Employment Rights Bill's progress, APSCo UK has been actively engaging with policymakers to ensure the voice of the professional recruitment sector is heard. Our work has included: 

• Regular meetings with civil servants, MPs and Peers to discuss the practical implications of the Bill's provisions for recruitment businesses and their clients 

• Producing detailed written briefings at various stages of the Bill's passage, providing evidence-based analysis. Most recently, this has included our comprehensive Lords Report Stage Briefing which sets out APSCo UK's position on key amendments, including unfair dismissal qualifying periods. Read it here. 

The path forward 

APSCo UK will continue to engage with peers as they stand firm against the Government on the qualifying period for dismissal rights and the zero hours “right to be offered” process. Whatever the outcome of these Parliamentary amendments, consultations on implementing the soon to be Act are already being published and APSCo UK will continue to ensure the recruitment sector's voice is heard and that any employment law reform supports both workers' rights and business growth. 

In the meantime, take a look at our Employment Rights Bill Hub for the latest resources and guidance.