Agenda item

The purpose of this report is to seek approval from the General Purposes Committee to make contractual change as of 1 July 2026 to the probation period for new starters from 6 months to 4 months and to reduce the probation extension period from 13 weeks to 4 weeks.

Councillor Grahl (Deputy Leader and Cabinet Member for Finance & Resources) supported by Pat Chen (Senior HR Business Partner) introduced a report seeking approval to make a contractual change as of 1 July 2026 (as a result of the Employment Rights Act 2025) to the Council’s probation period for new starters from 6 months to 4 months and reduce the probation extension period from 13 weeks to 4 weeks.

In presenting the report, it was highlighted that the Employment Rights Act 2025 had introduced significant improvements to workers’ rights, including the extension of statutory sick pay to all employees, and the strengthening of protections against unfair dismissal for all workers. In light of these changes, members were advised that this report correspondingly acted to reduce the probationary period from 6 months to 4 months, in order to ensure that decisions regarding suitability for confirmed employment were made in a timely manner. It was further noted that the revised policy set out updated assessment periods and placed a greater emphasis on providing support to staff who were new to the Council.  Confirmation was also provided that the trade unions had been consulted (7 May 2026) on the changes and were in agreement with the policy and procedures and the required contractual change.

Having thanked Councillor Grahl (Deputy Leader and Cabinet Member for Finance & Resources) and Pat Chen (Senior HR Business Partner) for introducing the report, the Chair then moved on to invite questions and comments from the Committee, with the following comments highlighted:

• As an initial query, members sought details on how many employees would be affected by the proposed changes in comparison to the previous policy. In response, Krupa Peshavaria (HR Business Partner) noted that, from 1 July 2026, the changes were expected to affect approximately 70 new starters.

• Supplementary questions were raised regarding the number of unfair dismissal complaints previously received compared to the amount of unfair dismissal claims anticipated as a result of the proposed changes. Further questions were also raised in relation to the financial risk associated with the proposals, particularly with regard to the potential unfair dismissal claims. In response, Pat Chen (Senior HR Business Partner) advised that the Council had not historically experienced a high volume of unfair dismissal claims as the length of probation periods had previously been longer and had been managed effectively. It was explained that the rationale for the change reflected recent changes to employment legislation, under which the qualifying period required to bring an unfair dismissal claim had been reduced from 2 years to 6 months.  Members were further advised that the volume of unfair dismissal claims were not anticipated to rise significantly; however, it was noted that the revised threshold increased both the financial and reputational risks for the Council, as employees were now able to bring claims at an earlier stage.

• Clarification was sought by members as to whether the implementation of the proposed changes would be applied universally or whether certain categories of employees would be exempt. In response, Pat Chen (Senior HR Business Partner) confirmed that the changes would apply solely to new employees joining from outside the organisation with effect from 1 July 2026, with the exception of specific groups, such as social workers, who were subject to a defined probationary period through the Assessed and Supported Year in Employment (ASYE). It was confirmed that the changes would not apply to internal transfers within the Council.

Having thanked all those involved for their contributions to the discussion and consideration of the item, it was RESOLVED:

(1)  To approve the contractual change required to the probation period for all new starters as of 1 July 2026 from 6 months to 4 months.

(2)  To approve the contractual change for reducing the probation extension period from up to 13 weeks to up to 4 weeks.