The latest changes to the Employment Rights Bill have reshaped the expectations placed on employers. The government has confirmed that unfair dismissal protection will not begin on the first day of employment. Employees will instead qualify after six months of continuous service. Other rights, including statutory sick pay and paternity leave, are expected to take effect from the first day once the reforms are implemented in April 2026.
These developments place greater emphasis on the need for employers to verify eligibility and suitability before a new hire begins work. Background checks are no longer a routine step. They are an essential safeguard as entitlement to key protections moves closer to the start of employment.
This article outlines what these changes mean for employers and why pre-start screening now forms a critical part of responsible hiring.
The move from day one to six months for unfair dismissal protection reduces some of the immediate legal exposure originally proposed. However, it sits alongside earlier access to sick pay and parental leave, both of which activate at the outset of employment. These entitlements will require employers to maintain accurate records and apply policies consistently from the beginning.
The introduction of the Fair Work Agency will increase scrutiny of how employment rights are delivered. Employers should expect to demonstrate that they have taken reasonable steps to verify a candidate’s legal and professional status as part of a compliant hiring process.
Together, earlier rights and stronger oversight mean employers need confidence in their hiring decisions well before the six-month threshold is reached. Pre-employment screening supports this by identifying issues that could lead to disruption, liability or compliance failures later in the employment lifecycle.
Background checks give employers a clear and structured way to assess suitability before a contract takes effect. They help confirm that a candidate meets the legal, professional and behavioural expectations required for their role.
Key areas where screening supports employers include:
Right to work
Right to work rules continue to be a significant compliance priority. Employers must verify immigration status before employment begins. Earlier entitlement to sick pay and parental leave increases the need for certainty at the point of hire.
Criminal record checks
Criminal record checks help reduce the risk of safeguarding or conduct issues across a wide range of sectors. They provide assurance that individuals meet the standards required in environments where trust and safety are essential.
Qualification and accreditation checks
Many roles require specific qualifications or professional registrations. Validating these details protects employers from the operational risks associated with underqualified or misrepresented candidates.
Employment and reference checks
Confirming a candidate’s employment history and references supports a more accurate understanding of experience, behaviour and capability.
Earlier entitlements, reduced dismissal thresholds and increased regulatory oversight mean screening is relevant far beyond regulated industries.
The growth of hybrid and remote work has broadened the range of roles where verification is essential. Employers must be confident that every new hire can meet legal obligations and organisational standards from their first day.
Screening provides this assurance. It helps prevent avoidable risk and supports a consistent and compliant hiring process.
Robust pre-employment checks help employers:
Meet legal requirements
Screening supports compliance with right to work legislation, safeguarding frameworks and professional regulations.
Reduce operational disruption
Identifying issues before onboarding helps prevent performance or conduct concerns that may affect teams and service delivery.
Protect organisational reputation
Hiring individuals who do not meet legal or professional expectations can undermine trust. Screening supports transparent and defensible decision making.
Support timely and structured onboarding
As more rights activate earlier, employers need processes that ensure checks are completed accurately and on time.
To protect their organisation, employers should:
The revised proposals do not lessen the need for early due diligence. They underline it. With key rights taking effect from the first day and greater oversight, employers need confidence in every hiring decision before employment begins.
Background checks provide that confidence. They support compliance, reduce exposure to risk and help employers build a reliable and trustworthy workforce from the outset.
Giant Screening provides comprehensive, compliant and timely pre-employment checks that deliver clarity from the beginning of the hiring process