From 1 January 2027, employees will be able to bring an unfair dismissal claim after just six months of service.
This is down from the current two years.
This changes everything about how you recruit and manage new starters.
If you run a small business or manage a team, you may have grown accustomed to the comfort of a two-year window before employees gain full unfair dismissal protection.
That buffer is being significantly cut.
Under the Employment Rights Act 2025, the qualifying period drops to just six months and compensation for unfair dismissal will also become uncapped.
If you haven’t already reviewed your probationary practices, the time to act is right now.
Here's what I can help you tackle right now.
Your probation period should be an active, documented process, not a six-month countdown. Here are the elements every business should have in place from day one:
☑️A written probation clause in the employment contract clearly stating the duration, I would recommend 3 months with an option of a 2 month extension, the review process and what happens if it is not passed. Ensure probationary periods have a shorter notice included, I recommend one week.
☑️A structured induction plan so the employee understands their role, responsibilities and performance expectations from the outset.
☑️Clear, measurable objectives set within the first two weeks. Vague expectations make performance conversations almost impossible.
☑️Regular documented check-ins at least monthly. Note what was discussed, what was agreed, and any concerns raised. Email follow-ups work well as a paper trail.
☑️A formal mid-probation review. A structured meeting where progress is assessed against agreed objectives, with written notes signed by both parties.
☑️A formal end-of-probation review confirming whether probation is passed, extended, or not confirmed, with written notice to the employee.
☑️An extension option if you have concerns but aren’t yet ready to dismiss, extending probation, with clear written goals, buys time and demonstrates fairness.
With practical and tailored HR support I can help your business perform and your people thrive.
If you'd like a free 30-minute consultation to see how I can support you, book a time with me.
hr2go Consultancy is here to support your business with any HR issues or concerns.
If there's any hot topics you'd like to see in July's newsletter, let me know. I'd love to hear from you!
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