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Paul Seddon<\/span>Political reporter<\/span><\/p>\n<\/div>\n<\/span><\/div>\n<\/div>\n\n\n
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The education secretary has defended Labour’s U-turn over offering all workers the right to claim unfair dismissal from their first day in a job.<\/p>\n
Instead, ministers now plan to reduce the qualifying period from the current two years to six months, in line with a deal agreed by some unions and industry groups.<\/p>\n
Bridget Phillipson told the BBC the climbdown was a “pragmatic” move to ensure “wider benefits” in Labour’s employment rights bill could be delivered on time.<\/p>\n
The decision has been welcomed by business organisations, but has faced criticism from some MPs on the left of the Labour Party. <\/p>\n<\/div>\n
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Currently, after two continuous years in a job workers gain additional legal protections against being sacked. <\/p>\n
Employers must identify a fair reason for dismissal – such as conduct or capability – and show that they acted reasonably and followed a fair process.<\/p>\n
Under Labour’s original plan, this qualifying period would have been abolished completely, with a new legal probation period, likely to have been nine months, introduced as a safeguard for companies.<\/p>\n
But business groups argued the plan could prove unworkable, and voiced concerns that day-one unfair dismissal rights would discourage firms from hiring.<\/p>\n
In a surprise announcement on Thursday, the government confirmed it will now bring in unfair dismissal protection after six months, and ditch the new legal probation period.<\/p>\n<\/div>\n
‘Big step forward’<\/h2>\n<\/p>\n\n
Ministers are continuing to insist the move does not breach Labour’s general election manifesto – even though the document clearly commits the party to creating “basic rights from day one to parental leave, sick pay, and protection from unfair dismissal”.<\/p>\n
When the Commons debated the employment bill in September, Business Secretary Peter Kyle told MPs: “We were elected on a manifesto to provide protection from unfair dismissal from day one of employment”.<\/p>\n
But on Thursday, he said the move was not a breach, since the party had also committed to “bring people together” over the issue.<\/p>\n
The minister, who is responsible for Labour’s employment legislation, also argued it was “not my job to stand in the way” of an agreed approach brokered between some unions and business groups.<\/p>\n
Ministers are also arguing the U-turn would unblock the passage of its wider employment rights bill through Parliament.<\/p>\n
Conservative and Liberal Democrat peers have twice teamed up with crossbenchers in the House of Lords to insist on a six-month period instead, delaying its progress. <\/p>\n
The Conservatives have said the legislation is “still not fit for purpose”, whilst the Lib Dems said the law had been “rushed and mired in problems from the get-go”.<\/p>\n
Speaking to BBC Radio 4’s Today programme, Phillipson said the deadlock over unfair dismissal could have “jeopardised” the bill, which also contains new worker benefits, such as immediate rights to sick pay and paternity leave.<\/p>\n
The move to lower the unfair dismissal qualifying period from two years to six months was still a “big step forward,” she added.<\/p>\n
“Sometimes in life, you have to be pragmatic to secure wider benefits”.<\/p>\n<\/div>\n