Day-One Unfair Dismissal Rights

What the new 6-month qualifying period means for hiring, probation and dismissal.

AwardEmployer-Side Advice Only
File CheckCIPD Qualified
PoliciesERA 2025 Updated
LocationBolton, Manchester, North West
07921 398359
Quick Summary

What the new 6-month qualifying period means for hiring, probation and dismissal. This is an employer-focused guide written specifically for North West businesses. Scroll down for the full breakdown, or book a free consultation if you need advice on this right now.

1

What Employers Need to Know

This guide covers the key legal and practical considerations around day-one unfair dismissal rights for employers in the North West. The law in this area is well established, but the practical application often catches employers out.

Getting this right requires understanding both the legal framework and the procedural steps that employment tribunals expect to see. The sections below walk you through both.

2

The Legal Framework

The legal position on day-one unfair dismissal rights is governed by the Employment Rights Act 1996, the Equality Act 2010 where applicable, and the Acas Code of Practice on Disciplinary and Grievance Procedures.

Employment tribunals assess each case on its own facts, but the principles are consistent: was there a fair reason, was the process fair, and would a reasonable employer have acted in the same way?

3

Practical Steps for Employers

The practical steps you need to take will depend on the specific circumstances, but the following framework applies in most cases:

1

Gather the facts before making any decisions

2

Document everything from the outset

3

Follow the Acas Code of Practice where it applies

4

Take advice early, before making any final decision

Legislation Update

Key ERA 2025 Changes at a Glance

April 2026

SSP from day one. Paternity and unpaid parental leave become day-one rights.

April 2026

Maximum protective award for redundancy consultation failures doubles.

DaisyHR is helping North West employers prepare for every ERA 2025 change.

Book a consultation to discuss your readiness
Common Questions

Frequently Asked Questions

It became law on 18 December 2025 but provisions are phased. Key dates are April 2026, July 2026 and January 2027.

No. You can still dismiss for a fair reason with a fair process. But the risk starts from month one, not year two.

Yes. From January 2027 there is no upper limit on the compensatory award for unfair dismissal. Currently it is capped at the lower of £118,223 or 52 weeks’ gross pay.

Get ERA 2025 Advice From a North West HR Consultant

Book a free 30-minute consultation. We will assess your readiness and tell you exactly what you need to change.

ERA 2025 advice for employers across Bolton, Manchester and the wider North West. · Last reviewed: March 2026