Why the New Employment Rights Bill Changes Everything and Why Recruitment Consultancies Are Key

You’ve probably heard versions of the phrase, “you can fire someone because you don’t like the colour of their shoes within the first two years.” It’s a crude way of describing how, under the current employment law, an employer could dismiss someone without unfair dismissal rights until after a two-year qualifying period. But those days are about to end, and the shift has huge implications for how companies hire.

What is changing: Highlights from the Employment Rights Bill

The Employment Rights Bill will establish day-one rights for protections that previously only applied after two years of service.

These include unfair dismissal protections from day one of employment, stronger protections against exploitative zero-hours contracts, better pay for low earners, improved sick pay, and more robust parental and bereavement leave rights.

This reform is being described as the biggest upgrade to workers’ rights in a generation, and employers will need to adapt to the new legal landscape.

What this means for companies

These changes alter the risk calculus of hiring in several ways:

1. Higher risk from day one. Employers can be exposed to unfair dismissal claims or other litigation from the moment someone starts.

2. Greater cost of mis-hires. Getting it wrong in terms of recruitment (skill mismatch, culture fit, failure to disclose relevant information) now carries greater legal and financial risk from the outset.

3. Higher stakes for the screening and hiring process. More rigorous checks, better candidate assessment, and clearer documentation become essential.

4. Increased pressure to retain. Rather than rushing to dismiss, organisations will want to ensure that new hires are the right fit, supported properly, and set up for success.

5. Potential chilling effect. Some companies may become more risk-averse, favouring “safe” hires or overly restricting job offers, which could slow hiring or limit opportunity.

Why using a recruitment consultancy becomes more critical

Given this landscape, working with a recruitment partner is no longer just helpful, it becomes a strategic necessity. Here’s how POST– Recruitment helps de-risk your hiring in this new era:

• Pre-qualification and screening: We ensure that candidates are not only qualified on paper but also vetted for cultural fit, background, references, and compatibility. This reduces surprises after hiring.

• Clear legal compliance and documentation: We keep you informed about what you must do legally, which is more important when dismissals are legally riskier.

• Candidate coaching and preparation: Candidates we submit are informed, realistic, and more likely to perform well, reducing early failures or mismatch.

• Support through onboarding and early performance: Early stages are often make-or-break. We help set expectations, clarify role scope and responsibilities so that both parties are aligned.

• Free replacement guarantee: We stand by our candidates. If something doesn’t work out in the first 12 weeks despite our screening, we’ll replace free of charge. This gives you extra protection.

How a 12-Week Free Replacement Guarantee Works and Why It’s Especially Valuable Now

One of the most meaningful ways POST– Recruitment can help is by offering a guarantee:

• If the candidate fails to live up to agreed expectations within the first 12 weeks, POST– Recruitment will provide a replacement at no extra fee.

• This ensures you don’t absorb all the risk of a “wrong hire” during those critical early weeks.

• Because under the new Employment Rights Bill, the first few weeks are no longer a legal “safe zone.” Risk begins immediately, so minimising that exposure helps with your business continuity and budget predictability.

What companies should be doing now

To get ready for the changes and to safeguard themselves, here are practical steps:

1. Review recruitment processes. Ensure job descriptions, offer letters, contracts, and interview practices are robust, inclusive, and well documented.

2. Use trials, probation periods, and performance milestones smartly. While these don’t eliminate risk, they provide structure, feedback points, and evidence should issues arise.

3. Document everything. From candidate interviews to performance reviews, even informal feedback. If a termination is ever challenged legally, records will matter.

4. Invest in candidate assessment. Skills testing, reference checks, culture fit interviews, and sample tasks all help reduce mismatch.

5. Partner with trusted consultancies. Those who understand the legal landscape, take on part of the risk, and have a track record of delivering high-quality candidates.

Why POST– Recruitment is Your Risk Mitigation Partner

At POST– Recruitment, we believe in making hiring safer and smarter. Here’s how we do that:

• We rigorously pre-screen every candidate we put forward across skills, experience, references, and fit.

• We advise you on up-to-date legal requirements under the new law, ensuring your hiring practices are compliant and protected.

• We offer a free replacement guarantee for the first 12 weeks of employment. If things go off track, we’ll find you a replacement quickly and at no extra cost.

• Our process is transparent. You know how we assess candidates, what to expect from them, and how we support their onboarding and early performance.

The Employment Rights Bill marks a fundamental shift. The old safety blanket of a two-year qualifying period for unfair dismissal is on its way out. That means companies can no longer treat the early months of employment as “low risk.” Because of this, the role of recruitment consultancies becomes not just helpful, but essential.

When you engage POST– Recruitment, you’re not merely filling vacancies, you’re managing risk. You’re making sure the candidate you take on is the best match. You’re protecting your company from early mis-hires, legal exposure, and the costs (financial and cultural) of having to replace someone quickly.

In this new era of day-one protections, let POST– Recruitment be your buffer. With rigorous pre-qualification, strong screening, and a 12-week guarantee, we help you hire not just faster, but smarter, safer, and with confidence.