The Law of Unfair Dismissal and the Employment Rights Act 2025: An Opportunity Missed?
本文分析了2025年就业权利法案对不公平解雇法的修改，包括保留六个月试用期和取消赔偿上限，指出这些变化虽有意义但未根本改善对劳动者的保护，错失了重大改革机会。
Abstract The right not to be unfairly dismissed has been a remarkably constant force in employment law since its introduction over 50 years ago. Unfair dismissal law was therefore overdue for some attention when the incoming Government was planning a major overhaul of employment rights, described as the ‘biggest single upgrade of employment rights in a generation’ and now implemented in the Employment Rights Act 2025. After strong opposition in the House of Lords, the Government moved to provide an amendedpackage, retaining a six-month qualifying period of employment and removing the upper limit on the compensatory award. In this contribution, I discuss the likely effects of these changes to the law, analysing the human rights implications of the Act and placing the amendments in a wider comparative context. I conclude that, although the Act holds great significance, particularly for those who would previously have been excluded from making any claim before the Employment Tribunal, they do not amount to the generational upgrade that may be seen in other areas of labour law. Severe deficiencies in the standard to which working people are protected from unjust dismissal decisions remain untouched by the new legislation. The Act is, perhaps, a once-in-a-generation opportunity missed.