NLJ this week: Fairness from day one

Every employee will enjoy protection from their first day. The reform keeps the ‘range of reasonable responses’ test but vastly expands who can bring claims, moving litigation focus from eligibility to fairness.

Probationary dismissals and short-term contracts must now meet full procedural standards under Polkey v AE Dayton Services Ltd. Employers must document reviews, feedback and reasons; tribunals will scrutinise even early exits. Large HR teams may adapt easily, but SMEs face steep learning curves.

Hargreaves and Johnston predict rising claims, tighter documentation culture and a decisive shift toward evidence-based management—making fairness not a privilege of tenure, but a universal obligation.