Many employers are focused on 1st January 2027, when the qualifying period for bringing an ordinary unfair dismissal claim is due to reduce from two years to six months. However, the date that should really be on employers’ radar was 1st July 2026.
Why? Because employees hired on or before 1st July 2026 will have completed six months’ service by 1st January 2027 and could therefore gain unfair dismissal protection as soon as the new rules take effect.
For many organisations, this means probationary periods will need to work much harder than they have in the past.
Traditionally, some businesses have operated six-month probationary periods that were relatively informal in practice. While this approach carried less risk when employers had a two-year qualifying period before an ordinary unfair dismissal claim could be brought, the reduction to six months changes the picture significantly.
Once the new rules are in force, employers will have a much shorter window to assess whether a new recruit is the right fit. If concerns arise, it will be increasingly important to demonstrate that performance issues were identified, expectations were communicated, support was provided, and the employee was given a reasonable opportunity to improve.
The organisations best placed to manage this change will be those that treat probation as a structured process rather than an administrative formality. This includes:
- Setting clear expectations from the outset.
- Holding regular probation review meetings.
- Documenting performance concerns and feedback.
- Providing appropriate support and guidance.
- Making timely and evidence-based decisions before probation ends
If you are recruiting now, or planning to recruit in the coming months, it is worth reviewing your current probationary process to ensure it would stand up to scrutiny if a dismissal decision were challenged. In many cases, the process itself is sound, but the documentation and consistency may need strengthening.
Need support? We can help you review your probation procedures and put practical, compliant processes in place ahead of these changes. Get in touch with us to find out more