If you’ve only had one eye on the news regarding the Workers Rights Bill and have been thinking, “We’ll deal with it when it lands,” now’s the time to think again.

Some of the original proposals have been softened. For example, the Government initially wanted unfair dismissal rights from day one. That has now been pushed back to six months as a compromise, but that’s not a reason to think employers are off the hook; the direction of travel is clear. Employee protections are strengthening, and tribunals will be watching closely.

You can be absolutely certain that politicians such as Angela Rayner, as well as trade union bosses will be ready to say “I told you so” the moment the first high-profile unfair dismissal claim hits.

So what should you be doing now? The smart move is to take action without delay. Review your handbook and contracts, formalise your probation processes, tighten recruitment and train your managers and supervisors properly.

We’ve created a practical, priority-ordered action list, starting with the things that could cost you the most if you ignore them.

1. Get Your Probation Process Rock Solid and Water-tight

Let’s be clear: if dismissal protection effectively kicks in at six months, your probation process just became critical.

If you don’t already use a structured six-month probation, now is the time. At HR Champions, we strongly recommend aligning your practices to take full advantage of the six-month window. That protection is there for a reason; use it properly and to your advantage.

What that means in practice:

• Set out clear performance expectations from day one
• Scheduled probation review meetings (not “we’ll see how they’re getting on”)
• Honest feedback, documented
• Evidence of support and training
• A fair, consistent dismissal process if required

If you get this wrong, the costs could mount quickly:

• £8,000 to £25,000+ in legal fees and settlement costs
• Months of management time preparing for tribunal
• Damage to reputation and employee confidence

And remember, the original proposal was day-one unfair dismissal. The six months is a political compromise so we should expect scrutiny of dismissal processes, especially if unions are involved.

2. Update Your Staff Handbook (Properly)

There will need to be changes to policies, particularly around things like Statutory Sick Pay from day one and probationary wording. Now is not the time to rely on old handbooks that haven’t been reviewed since pre-Covid.

You’ll need to:

• Amend sick pay policies
• Update probation clauses
• Check disciplinary and capability procedures
• Ensure contractual wording matches reality

If your documentation is vague or inconsistent, it weakens your position immediately. Tribunals are likely to interpret ambiguity in favour of the employee.
Don’t regard this as simply paperwork, it’s risk management.

3. Tighten Up Recruitment and Onboarding

Here’s the uncomfortable truth: if you recruit badly, you now have a much shorter time period to fix it safely.

That means much more rigour upfront:

• Clear job descriptions and competency frameworks
• Structured interviews (not “gut feel”)
• Proper referencing, that you react to
• Defined onboarding milestones
• Measurable standards within the first six months

You must be able to show that a new employee knew what was expected, was supported appropriately, and failed to meet clearly defined standards if dismissal becomes necessary.

Making a poor recruitment decision can cost 1–2 times annual salary. Add legal exposure to that and the stakes get serious.

4. Stop Assuming Managers “Just Know” How to Do This

One of the biggest risks we see is organisations thinking managers will naturally handle this properly. To minimise risk, you should take the default position that they won’t.

Most managers have never had formal training in:

• Performance management
• Difficult conversations
• Conducting probation reviews
• Following correct dismissal procedures

Our experience tells us that managers tend to manage others based on how they were managed themselves. Relying on this simply isn’t a management strategy.

Under the new legislation, technical compliance isn’t enough. Managers need to understand both the letter and the spirit of the law. They must communicate clearly, document correctly, and apply procedures consistently. That’s why proper, structured development matters.

At HR Champions, we provide ILM-accredited programmes and bespoke training that targets exactly where your managers need support. Whether it’s improving confidence in handling challenging conversations or building capability in performance management, we make sure your leadership team is equipped, not exposed.

5. Take a Hard Look at Your Risk Exposure

Ask yourself honestly:

• Would your probation processes stand up in tribunal?
• Are your managers consistent?
• Is poor performance addressed early; and documented?

If the answer to any of those is “not entirely,” you have work to do. 

Don’t Wait for the First Tribunal Case

The biggest mistake businesses make is waiting until legislation is live, or worse, until a claim lands. By then, you’re reacting under pressure and under-prepared.

Book onto one of our ILM-accredited programmes or speak to us about designing a tailored development programme for your organisation. Do it now before the new regime becomes established and let someone else become the case study. Call us on 01452 331331, or complete the contact form.