The HR Podcast | Built for Business

Why Can't I Just Fire Them... Anymore?

20 min · 25. maj 2026
episode Why Can't I Just Fire Them... Anymore? cover

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Employment Rights Act 2025: Why You Can't Just Fire Them Anymore When we first answered "why can't I just fire them?", employees needed two years before unfair dismissal protection applied. From 1 January 2027, the Employment Rights Act 2025 reduces that to six months. Unfair dismissal claims are up 72% year on year. The average case takes 33 weeks. The compensation cap is being removed. And if you run a six-month probation, reviews need to happen before that window closes — notice periods included. In this episode: what's changed, what it means for small businesses, and why settlement agreements are about to become a much more common conversation. * From 1 January 2027, unfair dismissal protection applies from six months. Employees whose probation falls into the July 2025 onwards window are already caught by transitional provisions. This isn't a January 2027 problem. * If you run a six-month probation, you need to act earlier than you think. Any notice period eats into the window. On statutory notice, the probation meeting needs to happen at least a week before the six-month mark — or you're in unfair dismissal territory. * The compensation cap is going. Combined with tribunal wait times now stretching toward 2030, the financial and operational cost of getting a dismissal wrong is rising sharply. * Settlement agreements are becoming the rational option. An extra month's pay at seven months may cost far less than management time, legal fees, and a four-year tribunal wait. * ACAS is under serious pressure. Letters are arriving after the conciliation window closes, meaning businesses lose their moment to settle. "Let's see what happens at ACAS" is no longer a reliable strategy. * Process documentation is your only reliable protection. Most dismissals fail at tribunal on process, not on the reason for dismissal. Documented conversations and clear expectations throughout probation are what defend you. * Managers can't afford to wait a few more weeks. The instinct to let underperformance slide is understandable — but within a six-month window, it's operationally dangerous. Conversations need to happen quickly and be documented. * [00:15] What the ERA 2025 changes * [01:16] Why July 2025 matters too * [02:41] Six-month probation notice trap * [05:30] Sharpen performance conversations * [08:19] What fair dismissal process looks like * [13:28] Settlement agreements as alternative * [15:07] AI, employee expectations, backlogs * [17:35] Documentation and tribunal protection Resources Mentioned 1. Employment Rights Act 2025 — qualifying period reduces to six months from 1 January 2027: gov.uk [https://www.gov.uk] 2. ACAS — early conciliation; currently experiencing significant delays: acas.org.uk [https://acas.org.uk] Employment Rights Act 2025, unfair dismissal six months, probation management, settlement agreements UK, performance management, ACAS backlog, dismissal process UK, HR podcast

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Alle episoder

37 episoder

episode Who Is Responsible For Personal Development? cover

Who Is Responsible For Personal Development?

Ask an employer who's responsible for employee development, and most will say the employee needs to drive their own growth. Ask the employee, and most will say their employer doesn't take any responsibility at all. That disconnect shows up whether you're a five-person business with no training budget or a 10,000-person organisation with a dedicated learning and development function. In this episode, you'll learn why 73% of UK employees believe their employer carries no responsibility for their development, why a big L&D team doesn't automatically mean better career development, and how to tell the difference between employee training and genuine personal development at work. You'll also get practical, low-cost ways small businesses can support career development without a big budget or a formal programme. * 73% of UK employees believe their employer carries no responsibility for their development, and only 15% say their manager helped them build a career plan in the past six months — even in organisations with formal L&D programmes in place. * Personal development and career progression are not the same thing. Personal development is about doing the current role brilliantly; career development is about where someone goes next — conflating the two is often where the disconnect between employer and employee starts. * A big learning and development function doesn't guarantee good career development. L&D teams are typically focused on meeting the biggest, most immediate training need (core job skills), which often has little to do with an individual's longer-term career development plans. * The 70-20-10 model is worth knowing: roughly 70% of development happens through on-the-job experience, not formal training — which means managers, not just L&D, carry much of the real responsibility for employee development. * Training and development are different things, and businesses often conflate them. Investing in a sales training course is training on how to do the job — it isn't automatically career development or real growth, even if it's badged that way. * Small businesses can support employee development without a big budget. Ideas mentioned include a set annual development allowance, a monthly learning budget for books or memberships, half a day a week for developmental activities, or dedicated innovation time. * Clarity beats good intentions. Employees are more likely to feel supported when a business is upfront about what development it will and won't offer, rather than assuming a training course or a benefit automatically counts as career development in the employee's eyes. * Employees who take ownership of their own development tend to get more support, not less. Framing a personal development goal in a way that also benefits the business makes it far easier for managers to say yes to supporting it. [00:55] Who's responsible for personal development?[02:07] Why only 15% feel supported by their manager[04:29] Personal development vs career progression[06:34] Why small businesses struggle with career paths[09:41] Giving employees clarity on what's on offer[10:50] Low-cost ways to support development[14:58] Why big L&D teams aren't the full answer[19:20] Why employees need to own their growth too Resources Mentioned 1. LinkedIn Workplace Learning Report — cited for the statistic that only 15% of employees say their manager helped them build a career plan in the past six months 2. 70-20-10 learning and development model — referenced as the framework showing roughly 70% of development happens through on-the-job experience 3. Elevate Hub — mentioned as an example of a learning platform some employees choose to spend a development budget on 4. Audible — mentioned as an example of how employees use development budgets for informal learning * employee development * personal development at work * career development * employee training and development * learning and development * career progression at work * L&D strategy for small business

I går18 min
episode How Do I Know If My Team Has a Wellbeing Problem? cover

How Do I Know If My Team Has a Wellbeing Problem?

Wellbeing problems rarely announce themselves. Nobody walks into your office and says "I'm burnt out" before it's already a crisis — instead, it shows up in small, easy-to-miss changes: someone who's usually chatty goes quiet, a high performer starts working later and later, or a normally reliable team member misses a deadline for no obvious reason. In this episode, you'll learn how to spot the early warning signs of workplace burnout in your team, why your best performers are often the ones most at risk, and why absence data alone won't tell you what's really going on. You'll also get a practical, no-nonsense approach to building a wellbeing strategy that fits a small business — without the gimmicks, and without writing a 25-page policy nobody will ever look at again. * 63% of UK employees now show at least one characteristic of burnout (up from 51% in 2021, according to Deloitte), yet only 13–14% feel comfortable discussing their mental health at work — meaning most wellbeing problems are happening quietly, out of sight. * Wellbeing issues don't announce themselves. By the time someone tells you they're struggling, there's usually been a build-up of stress for weeks or months beforehand — the real skill is spotting the shift in behaviour before it gets to that point. * High performers are often the most overlooked burnout risk. Someone who seems resilient, takes on more work, and is always in the office late isn't necessarily thriving — a drop in their performance is often the first visible sign something's wrong. * A dip in performance is a wellbeing signal, not just a productivity issue. If someone who normally delivers starts missing targets or deadlines, the first question should be "how are they?" and "is something going on outside of work?" — not a performance conversation. * Good attendance doesn't mean good wellbeing. Someone can turn up every day, look fine on paper, and still be struggling significantly with their mental health — absence data alone will miss this. * Look at team-level patterns, not just individuals. If several people on one team are showing signs of strain, that's usually a workload or leadership issue, not a personal one — and it needs a different response. * One-off wellbeing days and gimmicky perks (think office massages) don't fix a culture problem. Wellbeing has to be built into everyday management — regular one-to-ones, sensible workloads, and psychological safety — before any wellbeing initiative will actually land. * You don't need a 25-page wellbeing strategy. A handful of clear pillars — physical health, mental health, flexible working — mapped to what your business can actually deliver is enough to get started, and a short staff survey is the easiest way to find out what would genuinely help. * [00:08] Why wellbeing problems don't announce themselves[01:13] What experienced managers actually notice first[02:21] Why employees feel embarrassed discussing wellbeing[04:31] The HR burnout problem hiding in plain sight[06:07] The hidden risk in high-performing employees[08:02] Spotting patterns across a whole team, not just individuals[10:00] Why wellbeing days alone don't work[16:52] Building a simple, practical wellbeing strategy Resources Mentioned 1. Deloitte — UK workforce burnout statistics referenced in the episode (63% of employees showing at least one characteristic of burnout, up from 51% in 2021) workplace wellbeing, employee wellbeing, workplace burnout, wellbeing strategy, signs of burnout in employees, HR for small business, employee mental health at work, managing team wellbeing, burnout prevention at work, small business HR advice

6. juli 202618 min
episode Why Is My Employee Always Sick On a Monday? cover

Why Is My Employee Always Sick On a Monday?

When the same employee seems to be off sick every Monday, it's easy to assume the worst. But before you jump to conclusions, it's important to understand what might really be driving the pattern. In this episode, you'll learn how to approach Monday sickness absence fairly, spot attendance patterns early, and manage short-term absence without creating unnecessary legal risk. We discuss why employee attendance management is about more than simply counting sick days, how return-to-work conversations can uncover the real issue, and when occupational health referrals might be appropriate. Whether you're dealing with repeated Monday absences, frequent one-day illnesses, or concerns about employee attendance generally, this episode will help you navigate absence management best practice with confidence. * Repeated Monday sickness absence may indicate a deeper issue, including caring responsibilities, burnout, mental health concerns, disability, or workplace problems. * Accurate absence tracking is essential if you want to identify attendance patterns and manage short-term absence fairly. * Return-to-work conversations are often the most effective absence management tool and can reveal underlying issues before they become bigger problems. * Employers should focus on understanding the reason behind attendance concerns before considering disciplinary action. * Occupational health referrals are most useful when absences may be linked to disability, long-term health conditions, or workplace adjustments. * The Bradford Factor can help identify patterns but should never be used as an automatic decision-making tool. * Effective employee attendance management requires balancing business needs with individual circumstances and legal obligations. [00:00] Why Monday absences matter [01:39] Spotting attendance patterns [03:59] The real reasons behind absence [05:24] Return-to-work conversations [10:40] Disability and reasonable adjustments [11:48] When to use occupational health [13:36] The Bradford Factor debate [18:01] Absence management best practice Resources Mentioned * CIPD absence management research * Statutory Sick Pay (SSP) * Occupational Health services * Bradford Factor absence management tool * GDPR considerations for employee health data Monday sickness absence, Employee attendance management, Short-term absence policy, Occupational health referrals, Absence management best practice, Managing sickness absence, Small business HR, UK employment law, Return to work interviews, Bradford Factor.

29. juni 202618 min
episode Does a Dress Code Policy Still Matter? cover

Does a Dress Code Policy Still Matter?

Only 7% of UK workers now wear a suit to work. The era of formal dress codes has largely passed — but employers still have a say in what people wear. The question has become more nuanced, not less relevant. In this episode: whether a dress code policy is still relevant, why guidelines work better than rigid rules, what UK law allows employers to require, how tattoos and piercings fit in, and why having no dress code at all can create as much anxiety as having one. * Guidelines tend to work better than strict dress code policies. "You must wear X" creates a parent-child dynamic and invites pushback. Guidelines that explain the brand standard and leave room for individual expression land better. * UK employers can legally set dress standards — but they must apply equivalently across all employees. You can require professional appearance. You cannot require women to wear heels while men wear flat shoes. The standard must be comparable across genders. * Brand justification is legitimate — if it's proportionate. Requiring client-facing staff to mirror the environment they're walking into is reasonable. But "I personally don't like what you're wearing" is not a policy. The test is whether it reflects a genuine business need. * Health and safety is the clearest legal basis for dress requirements. Closed-toe shoes on a manufacturing floor, hi-vis on a building site — not open to debate. The further you get from safety, the more you need to justify requirements by reference to brand or client expectations. * Visible tattoos and piercings can legally be used as hiring criteria — but apply consistently. Employers can set appearance standards that include body modifications, but blanket bans are increasingly being relaxed as businesses realise they're losing good people over them. * Having no dress code can cause as much stress as having one. Employees new to work often don't know what's appropriate. "Wear what you want" sounds inclusive but leaves people anxious. Even brief informal guidance removes that uncertainty. * Client-facing and office-based roles can legitimately have different standards. A two-tier approach — relaxed in the office, mirroring the client's environment on visits — is increasingly common and well-received when employees understand the reasoning. * [00:05] Does a dress code still matter? * [01:22] Policy vs guidelines: why language matters * [03:48] People are judged on what they wear * [05:43] Two-tier dress codes: office vs client * [11:48] What UK law allows employers to require * [13:13] Tattoos, piercings and employer rights * [15:52] The great crocs debate * [20:33] Why no dress code creates problems too Resources Mentioned 1. YouGov research — just 7% of UK workers now wear a suit to work, referenced at the start of the episode dress code policy UK, workplace dress code guidelines, can employers enforce dress code UK, employee dress code, dress code employment law UK, visible tattoos work policy, client facing dress code, HR podcast, dress code best practices

22. juni 202623 min
episode Is The CV Dead? cover

Is The CV Dead?

If you're still relying on CVs to make hiring decisions, you might be missing your best candidates. Skills-based hiring is becoming increasingly common, with more employers using practical assessments and skills tests to predict job performance rather than relying solely on work history and qualifications. At the same time, AI is changing how candidates present themselves and how employers evaluate applications. In this episode, you'll learn where CVs still add value, why skills-based assessments are gaining traction, how applicant tracking systems (ATS) influence recruitment decisions, and what small businesses can do to improve their recruitment process without investing in expensive hiring technology. Whether you're recruiting your first employee or regularly hiring for your growing team, this conversation will help you make better hiring decisions and avoid common recruitment mistakes. • The CV isn't dead, but it's no longer the most reliable predictor of job performance. • Skills-based hiring helps employers assess what candidates can actually do rather than focusing on job titles, degrees or career history. • Applicant tracking systems (ATS) are still built around CVs, which is one reason they remain central to many recruitment processes. • AI-generated applications are making it harder for employers to rely solely on CVs when shortlisting candidates. • Practical skills-based assessments don't need to be expensive or complicated to improve hiring outcomes. • LinkedIn profiles, recommendations and online presence increasingly influence recruitment decisions alongside traditional applications. • Small businesses can strengthen their recruitment process by designing simple tasks that mirror real work rather than adding lengthy interview stages. [00:00] Is the CV dead?[02:35] The rise of skills-based hiring[03:56] How applicant tracking systems shape recruitment[06:12] AI, LinkedIn and the future of CVs[10:21] CVs vs skills-based assessments[12:58] How employers are using online data[15:28] The impact of AI-generated CVs[18:01] Better hiring for small businesses 1. TestGorilla2. LinkedIn3. Google Chrome AI Mode4. Applicant Tracking Systems (ATS)5. Elevate Hub skills-based hiring, skills-based assessments, CV vs skills tests, applicant tracking systems, ATS recruitment, recruitment process for small businesses, hiring employees UK, small business recruitment, AI in recruitment, talent acquisition UK

15. juni 202618 min