Employment Rights Bill: The one thing employers can control right now

If you’ve been following the twists and turns of the Employment Rights Bill, you’ll know it feels a bit like watching a series where the writers keep changing the plot. Just as employers start preparing for one major shift, such as the proposed day-one right to claim unfair dismissal, the House of Commons drops it and introduces a six-month qualifying period instead. And of course, none of this is final yet. Everything still has to make its way through the full government process before we know exactly what’s landing on our desks.

So, with all the ifs, buts and maybes, it’s fair to ask: Can we realistically get our house in order when the furniture keeps moving? Or are we at risk of spending months planning for something that never actually materialises?

Here’s the good news: yes, there are things employers can do now , things that will matter no matter how the final legislation shakes out.

And at the heart of it all is one deceptively simple principle: bring the right people into your organisation in the first place.

Why recruitment is the one certainty in a sea of uncertainty
No employment bill, however ambitious, can change the fundamental truth that good hiring decisions reduce risk. If organisations consistently appoint people who not only have the right skills but align with their culture, expectations and ways of working, many of the concerns around unfair dismissal, probationary periods and early-stage performance issues naturally soften.

In other words, while the legislation may redefine the rules, great recruitment strengthens the foundations.

Think about it. If you’ve got:

• robust job design and clarity around expectations
• objective, consistent assessment processes
• hiring managers trained to spot potential and avoid bias
• structured onboarding and early-stage support

…then you’re already ahead of many of the practical challenges employers fear new legislation might bring.

 

A shift in mindset, not just procedures

Even if the final bill lands with a six-month qualifying period rather than day-one rights, we’re still looking at a significant cultural shift. Employers will need to be sharper, more intentional and more consistent in how they manage people from the moment they walk through the door.

But that shift starts long before someone’s first day. It begins with how we attract, select and welcome talent. Recruitment isn’t just the first step in the employee lifecycle, it’s the first line of defence against future risk.

So, what can organisations act on right now?

Plenty, actually:

• Audit your recruitment process. Where are the inconsistencies? What assumptions are you relying on that could trip you up later?
• Strengthen selection criteria. If the stakes around early employment decisions are rising, your selection rigour needs to rise with them.
• Invest in hiring manager capability. The best frameworks mean nothing if the people using them aren’t confident or trained.
• Tighten probation processes. Clear goals, documented check-ins and timely interventions will matter more than ever, regardless of the final shape of the law.
• Review onboarding. A stronger start means fewer issues down the line.

These aren’t speculative changes. They’re practical improvements that will serve employers whether the bill shifts again or not.

 

Preparing for certainty by improving the things we can control

Yes, it’s frustrating to prepare for legislation that still has moving parts. Yes, some of the headline proposals may evolve yet again. But focusing on your recruitment practices isn’t wasted effort, it’s future-proofing.

And while the political process continues to play out, employers who seize this moment to refine how they attract and select people will be far better positioned for whatever comes next.

Because in a landscape full of uncertainty, one thing remains absolutely clear: getting recruitment right has never mattered more.