The UK Employment Rights Bill is set to make unfair dismissal rules significantly stricter for employers, reducing the current two-year qualifying period to 6 or maybe 9 months once the new law takes effect. That means businesses will need to manage probation, performance and conduct much more carefully from the start of employment.
What is changing
At present, employees usually need two years’ continuous service before they can bring an ordinary unfair dismissal claim. Under the new rules, that protection will apply after six months, reflecting a major shift in how employers must approach early-stage performance management. While earlier proposals suggested day-one protection and a statutory probation period, the latest position is a six-month qualifying period rather than a fully automatic right from day one.
What employers should do
This change removes the sense that dismissals in the first two years carry minimal risk. Employers should now make sure they have clear probation procedures, regular review meetings and a documented trail showing where concerns were raised, discussed and followed up. It is also important to remember that discrimination, whistleblowing and other automatic unfair dismissal risks can apply regardless of service length.
Practical next steps
Have you got a robust process for managing underperformance during probation? If not, now is the time to review contracts, manager training and HR policies so your business is ready for the new landscape. Careful record-keeping and timely HR advice will be essential to reduce risk and support fair decision-making.
For HR advice and services, get in touch with Leonie Goodman.