If you’re hiring right now, there’s a date you need to have on your radar.
Anyone you hire on or before 1st July 2026 will gain unfair dismissal protection on 1st January 2027. Anyone hired after that date will gain it once they’ve been with you for 6 months.
Why this date matters:
The qualifying unfair dismissal period is dropping massively from 2 years to 6 months. It changes how you need to think about every hire you make from now on.
Under the current rules, most employers treat the first 2 years as a low-risk window. If someone isn’t working out, you move them on relatively informally.
With the new rules, if your probation process still relies on a single review meeting at the 5-month mark, that’s too late.
There’s another detail that catches people out. When a tribunal calculates length of service, it includes the statutory notice period. So, an employee dismissed just short of 6 months could still qualify if their notice period takes them over the line.
Here’s what we’d suggest doing now:
Shorten your probation period to 3 months
With an option to extend by 1 month if needed. That gives you time to assess someone properly and make a decision before the 6-month clock runs out.
Build structure into how you manage new starters
Regular check-ins from week 1. Clear expectations documented early. Honest feedback given often, not saved up for a formal review.
And the compensation cap for unfair dismissal? That’s being removed too. There’s no upper limit on what a tribunal can award from January 2027.
Tighten up your probation processes now
We can help you to review what you’ve got and build something that works before the new rules kick in.
