From 1 January 2027, the qualifying period for protection against ordinary unfair dismissal will reduce from two years to six months. Employees who already have at least six months’ service will gain protection immediately, while newer employees will qualify when they reach that threshold. The existing day-one protections against discrimination and automatically unfair dismissal remain unchanged.
For employers, this is not simply a change to the dismissal process. It shortens the period in which a business can identify and address concerns before ordinary unfair dismissal rights arise. It also increases the importance of a fair reason, a reasonable decision and a suitable process at a much earlier stage. Preparation should therefore begin before an employee joins, through a connected approach to recruitment, induction and probation.
Recruit for the skills and knowledge the role really needs
A strong probation process cannot compensate for an unclear or inconsistent recruitment programme. Businesses should start by reviewing job descriptions and person specifications so that they accurately describe the role’s purpose, responsibilities, essential skills, knowledge and behaviours. Selection criteria should be objective, relevant and applied consistently to every candidate.
Interview questions and practical assessments should test the capabilities that genuinely predict success in the role. Structured scoring, clear records and trained interviewers help managers make evidence-based decisions rather than rely on instinct or an undefined concept of “fit”. Recruitment materials should also give candidates a realistic understanding of the role, working environment and expected standards. This reduces the risk of a mismatch emerging only after employment has begun.
Use induction to make expectations clear from day one
Once the right candidate has been appointed, induction should do more than cover systems, policies and introductions. It should explain what good performance looks like, how conduct standards apply in practice, how the role contributes to business priorities and where the employee can obtain support. Key policies should be accessible, and managers should check understanding rather than assume that information has been absorbed.
Early objective setting is central to this approach. Objectives should be specific, measurable, achievable, relevant and time-bound, with appropriate measures for quality, output, behaviour and learning. New employees should know what they are expected to deliver in their first weeks and months, what evidence will be considered and when progress will be reviewed. Any training, reasonable adjustments or other support required should be identified promptly and recorded.
Make probation reviews timely, objective and meaningful
With protection arising after six months, probation must be actively managed within a shorter window. Employers should review whether the length and timing of their probation periods allow decisions to be made before an employee reaches six months’ service, taking account of contractual and statutory notice. Extending probation does not postpone statutory unfair dismissal rights.
Well-formulated probation arrangements should include scheduled check-ins rather than a single meeting at the end. Managers should assess progress against the agreed objectives, provide balanced and specific feedback, recognise achievements and raise concerns as soon as they arise. Where performance falls short, the employee should understand the gap, the improvement required, the support available and the timeframe for review.
Records should evidence what was discussed, the employee’s response and any agreed actions. Decisions to confirm employment, extend probation where contractually permitted, or consider dismissal should be based on relevant evidence and handled consistently. Employers must also remain alert to discrimination, whistleblowing and other rights that do not depend on six months’ service.
Bring line managers onboard
Line managers lead on the people and skills their teams need, so their involvement is critical. They are closest to day-to-day performance and will usually deliver interviews, inductions, objectives, feedback and probation reviews. A carefully drafted process will fail if managers regard it as an administrative exercise, delay difficult conversations or apply standards inconsistently.
Businesses should involve managers when designing the new approach, explain why the 2027 change matters and provide practical training. Managers need clear templates, realistic timescales and confidence in setting objectives, giving feedback, recognising potential legal risks and escalating concerns. Accountability also matters: probation milestones should be visible, monitored and treated as a genuine management responsibility.
How HR can support implementation
HR teams can turn these principles into a coherent employee journey. This may include auditing contracts, probation clauses and policies; refreshing job descriptions and selection materials; creating induction plans and objective-setting guidance; and introducing standard probation forms with review points and prompts for support. HR can also provide manager workshops, coaching and advice on complex cases.
Implementation should be supported by reliable data. HR can monitor completion rates, extensions, early turnover, recurring skills gaps and outcomes across teams to identify inconsistency or training needs. Regular quality checks will help ensure that decisions remain evidence-based and that the process is working fairly in practice, not merely on paper.
Act now, not at the end of 2026
The six-month qualifying period is a prompt to improve the quality of people management, not to rush decisions. Businesses that define what they need, select against objective criteria, set expectations clearly and review progress consistently will be better placed to retain capable employees and address problems fairly. Starting now allows time to test the process, train managers and embed good habits before 1 January 2027.
For support to your business in any of the topics mentioned in this blog, please reach out to our team of HR Consultants.