How new unfair dismissal rules will impact employers

In this episode of the Employment Law Pod, Andrew Whiteaker is joined by Will Morris from Profectus Recruitment to unpack one of the most significant upcoming changes in UK employment law. With the Employment Rights Act introducing a new six month qualifying period for unfair dismissal claims and removing the compensation cap, businesses are entering a period of real change and increased risk.

Andy explains how the shift from two years to six months will reshape decision making for employers, particularly during the early stages of employment. The conversation explores how this change raises the stakes for getting recruitment and onboarding right from day one, and why waiting until the end of a probation period could create unintended legal exposure.

Will brings a recruitment perspective, highlighting the challenges businesses already face in attracting and retaining talent. From high turnover in the first six months to misaligned expectations around hybrid working, he shares practical insights into how companies can better position themselves in a competitive market. The discussion also touches on the idea of “corporate catfishing” and the risks of overselling roles or culture during the hiring process.

Together, they emphasise that strong onboarding, clear communication, and realistic hiring strategies are not just legal safeguards but essential for business performance. They also discuss the pressures on smaller organisations without dedicated HR support and how a focus on fairness and reasonableness can go a long way in navigating complex and evolving regulations.

The episode closes with practical tips for employers, including tightening recruitment processes, improving briefing for recruiters, reducing unnecessary interview stages, and ensuring that offers and employee experiences align with expectations.