Asked by: Alison Griffiths (Conservative - Bognor Regis and Littlehampton)
Question to the Department for Energy Security & Net Zero:
To ask the Secretary of State for Energy Security and Net Zero, whether his Department offers protection to staff from unfair dismissal from their first working day.
Answered by Michael Shanks - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
All dismissals are handled in line with current legislation and appropriate Codes of Practice. Where an employee feels they may have been unfairly dismissed, appropriate internal appeal routes may be instigated.
Where an employee is unable to solve a problem internally they may be able to go to an employment tribunal to claim unfair dismissal, as set out in legislation.
This position will be reviewed when unfair dismissal rights are updated in line with the Employment Rights Bill when this comes into effect.
Asked by: Andrew Griffith (Conservative - Arundel and South Downs)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether staff in his Department receive protections from unfair dismissal from their first working day.
Answered by Justin Madders - Parliamentary Under Secretary of State (Department for Business and Trade)
Around 9 million employees have been working for their employer for less than two years, so have only very limited statutory protection against unfair dismissal. Our Employment Rights Bill will provide a new baseline of security for employees, including day one protection from unfair dismissal.
Department for Business and Trade (DBT) employees working in England, Scotland and Wales are subject to a two year qualifying period before they receive legal protection from unfair dismissal. Employment Law is a devolved matter in Northern Ireland and DBT employees working there are subject to a one year qualifying period.
Feb. 13 2025
Source Page: Ms Bazgha Anwar v Boots Management Services Ltd: [2025] EAT 9Found: of the automatic unfair dismissal claim 8.
Written Evidence Jan. 21 2025
Inquiry: Make Work Pay: Employment Rights BillFound: Written submission from Dr Philippa Collins (ERB0026) 1 Reforms to the Law of Unfair Dismissal Written
Feb. 26 2025
Source Page: Impact Recruitment Services Ltd v Ms I Korpysa: [2025] EAT 22Found: If so, the tribunal should consider whether the dismissal is fair or unfair applying section 98(4) of
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Business and Trade:
To ask His Majesty's Government what assessment they have made of the potential impact on apprenticeship numbers of the measures included in the Employment Rights Bill, including the proposed extension of protections against unfair dismissal to day one of employment.
Answered by Baroness Jones of Whitchurch - Baroness in Waiting (HM Household) (Whip)
In October, Government published 24 Impact Assessments representing a comprehensive package of analysis on the impact of the Employment Rights Bill. This analysis shows that the Bill is expected to benefit younger workers, typically disproportionately represented in low paid, low quality, insecure jobs.
The Employment Rights Bill will make basic protection against unfair dismissal a day one right for all employees. The new statutory probation period will provide lighter-touch standards for employers to dismiss an employee who is not suitable. These standards will also apply to apprenticeships and training contracts, requiring adequate evidence to justify dismissal on conduct or capability.
Found: “BAN” ON FIRE & REHIRE: AUTOMATICALLY UNFAIR DISMISSAL 3.1 Prior to the general election, the proposal
Written Evidence Jan. 21 2025
Inquiry: Make Work Pay: Employment Rights BillFound: Remedies for unfair dismissal should include spent criminal records The ROA provides a legal right for
Mentions:
1: Greg Smith (Con - Mid Buckinghamshire) This pair of amendments on unfair dismissal stand in my name and those of my hon. - Speech Link
2: Justin Madders (Lab - Ellesmere Port and Bromborough) dismissal before then, except for those who may seek to hang their hat on an automatically unfair dismissal - Speech Link
3: Justin Madders (Lab - Ellesmere Port and Bromborough) dismissal law could lead to an increase in unfair dismissal claims, even where there is no merit, and - Speech Link
Asked by: James McMurdock (Reform UK - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans her Department has to strengthen the protection of people with spent convictions, in the context of technological advancements in data sharing.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
The Rehabilitation of Offenders Act 1974 (the ROA) sets out when an offender is considered to be ‘rehabilitated’ for the purposes of the Act and sets out the relevant rehabilitation periods for cautions and convictions, i.e. when a caution or conviction becomes ‘spent’. Where an offender is rehabilitated for the purposes of the ROA, the ROA provides that they are entitled to withhold the fact of, or information about their spent cautions or convictions. The Rehabilitation of Offenders Act 1974 (exceptions) order 1975 creates exceptions with the effect that in some circumstances, spent as well as unspent cautions and convictions must be disclosed and may be taken into account when assessing a person’s suitability for certain positions. This balances the protection of the public with allowing ex-offenders to move on with their lives. We are carefully assessing the evidence in this space before considering whether adjustments to the regime are necessary.
An individual can check if a conviction or caution is spent or unspent via the GOV.UK Disclosure Checker: Check if you need to tell someone about your criminal record: Check if your conviction or caution is spent - GOV.UK. We provide information, advice and guidance for employers, landlords and other entities on how they should implement the Rehabilitation of Offenders Act (ROA). This can be found on The GOV.UK guidance on the ROA. The guidance is clear that balanced judgements should be made and factors such as the person’s age at the time of the offence, the nature of the offence, how long ago the offence was committed, its relevance to the application or post in question, and what else is known about the persons conduct should be considered. We also provide good practice resources on hiring prison leavers via the New Futures Network. If an employer is unsure what check can be requested, they can contact the Disclosure and Barring Service.
As part of the Government's plan to Make Work Pay, the Employment Rights Bill is repealing the two-year qualifying period for unfair dismissal protection. By making this a ‘day one’ right, millions of employees will have protection against being arbitrarily fired by their employer. The Government is taking steps to support those with criminal convictions. Employees with spent convictions will be able claim unfair dismissal from day one (excluding those roles covered by the Exceptions Order). Reforms of unfair dismissal will take effect no sooner than autumn 2026.
Organisations in the UK that process personal data must comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Oversight and enforcement of these data protection laws are carried out independently of the government by the Information Commissioner’s Office (ICO). Under these laws, individuals have several rights concerning their personal data, including the right to request its erasure - commonly referred to as the ‘right to be forgotten’. The ICO, as the UK’s independent data protection regulator, provides comprehensive guidance on its website.