Minister defends ‘pragmatic’ U-turn on workers’ rights

The education minister has defended Labour’s U-turn offering all workers the right to claim unfair dismissal from their first day of employment.

Ministers instead plan to cut the qualification period from the current two years to six months, under a deal agreed by some unions and industry groups.

Bridget Phillipson told the BBC the landing was a “pragmatic” move to ensure the “wider benefits” in Labor’s employment rights bill were delivered on time and was not a breach of a promise made in Labour’s election manifesto last year.

The decision was welcomed by business organisations, but criticized by some MPs on the left of the Labor Party.

Currently, workers receive additional legal protections against dismissal after working for two consecutive years.

Employers must establish a fair reason for dismissal (such as conduct or ability) and show that they acted reasonably and followed a fair process.

Under Labour’s original plan, this qualifying period would be removed entirely and a new statutory trial period, possibly nine months, introduced as a safeguard for companies.

But business groups argued the plan may be unworkable and expressed concern that unfair dismissal rights on day one would deter firms from hiring.

In a surprise announcement on Thursday, the government confirmed it will now introduce unfair dismissal protection after six months and waive the new statutory probationary period.

Ministers continue to insist the move does not contravene Labour’s election manifesto. document It is clearly committed to creating “fundamental rights from day one to parental leave, sick pay and protection against unfair dismissal.”

They also argue the move would remove the hurdle for the wider employment rights bill to pass Parliament after the House of Lords held two votes over a six-month period, delaying progress.

Speaking to BBC Radio 4’s Today programme, Phillipson said the impasse over unfair dismissal could “jeopardise” the bill, which also includes new rights for employees such as emergency sick pay and paternity leave.

He added that the move to reduce the period qualifying for unfair dismissal from two years to six months was still a “major step forward”.

“Sometimes you have to be pragmatic to achieve broader benefits in life.”

Reaction to the manifesto breach has so far been left to left-wing Labor MPs.

But the Labor leadership will be less comfortable if former Deputy Chancellor Angela Rayner, the architect of the initial proposals, voices criticism. He did not respond to requests for comment.

The business department confirmed on Thursday that it still plans to introduce day one sick pay and paternity leave entitlements from April 2026.

However, the start date of the new 6-month period has not been confirmed yet. The previous plan to implement this right from day one had already been made. postponed to 2027.

The government does not need to pass an employment rights bill to change the entitlement period; It already has the authority to do this under existing legislation, which the coalition government has approved. Used in 2012 to complete the term up to two years available.

But writing the changes into a full Act of Parliament was intended to prevent the new rights from being easily withdrawn by a future government.

The business department on Thursday said it was still committed to doing so as a way to “further strengthen” the new protections.