Changes to UK unfair dismissal laws under the new Employment Rights Bill will take place around Autumn 2026. On of the biggest changes will be the removal of the two-year qualifying period for employees to bring an unfair dismissal claim. From day one, employees are going to have the right to raise an unfair dismissal claim.
Companies are already beginning to adapt their probationary period to compensate for this. There’s going to be a statutory period, not decided as yet but probably of around 9 months, and during that time, you may have lax disciplinary processes in place. If somebody doesn’t work out, you have to be very careful with this because even though you think you’ve got that nine months, you do have to always have at the back of your mind protective characteristics.
There has to be more checks and notifications a month before the end of your probationary period. Just have a meeting and then review, always review. If you have written evidence of someone not performing, or misconduct that doesn’t fit with your culture and goes against a the contract of employment or your policies, then you shouldn’t be scared to dismiss. But the whole point is you have to take the probationary period seriously and have those meetings, have those check-ins, and use Human Resources. HR can take those meetings for you if you’re busy.
From my point of view, I always say I look after the people, while you grow your business. So give your probationary work to me and I can help ensure that you have clear policies and procedures, every step of the way.