17.03.2026

One of the biggest questions coming out of the Employment Rights Act is what the reduction in the unfair dismissal qualifying period will mean in practice.

At the moment, employees generally need two years’ service to bring an ordinary unfair dismissal claim. Under the new rules, that period will reduce to six months.

That is a major shift, and it changes the way employers need to think about the early months of employment.

Why this matters

A key message from our video discussion, Making News — The Employment Rights Act 2025: The Big Questions, was that this change brings risk much earlier into the employment relationship.

For employers, that means the months at the start of someone’s employment become much more important. Recruitment decisions, probation periods, manager check-ins, feedback and record keeping all take on greater weight.

The legal test for fair dismissal is not disappearing. Employers will still need a fair reason and a fair process. But with the qualifying period coming down, there is less room for drift, weak documentation or missed conversations during the first six months.

Probation periods will need more rigour

A big practical theme from the conversation was probation.

Many businesses already use probationary periods, but not all use them well. In some organisations, probation is in the contract but not actively managed. Reviews are delayed, difficult conversations are avoided, and concerns are not properly recorded.

That approach is going to carry more risk under the new framework.

The discussion made clear that probation periods need to be meaningful. That means:

  • regular check-ins
  • honest feedback
  • clear expectations
  • proper records
  • early action where concerns arise

It also means managers need the confidence to deal with issues rather than hoping they resolve themselves.

Because many of these decisions sit with line managers, organisations may also wish to consider practical Employment Rights Act training for managers to ensure issues are recognised early and handled appropriately.

Recruitment decisions matter more too

The conversation also highlighted that this is not only about what happens after someone joins.

If unfair dismissal protection comes into play earlier, the cost of a poor hiring decision becomes higher. That puts more emphasis on getting recruitment right in the first place.

Employers may need to look again at how they assess not just technical skills, but also behaviours, values and fit for the role and organisation.

Contracts and policies may need review

Another practical point raised in the discussion was that businesses may need to revisit contracts and policies linked to probation, notice periods and dismissal processes.

If current wording assumes a different legal framework, it may no longer be the right fit once the new rules take effect.

This is not simply a legal drafting issue. It is about making sure your documents, your processes and your management approach all line up.

Do not wait until 2027

A particularly important point from the discussion was who these changes are likely to affect once they come into force.

The expectation is that employees who already have six months’ service at the point the reforms take effect will gain the new protection from that date. So this is not only about future hires.

That is why employers should not treat this as something to think about at the last minute.

Stronger early management prevents later problems

Although the reduced qualifying period increases legal exposure earlier in employment, it also encourages better management practices from the start.

Clear expectations, regular feedback and timely decisions during probation can prevent issues from escalating later.

Employers who manage the first six months well may find that they experience fewer long-running performance problems and more transparent employment relationships overall.

Where to go for more detail 

For the fuller legal detail, timings and practical actions, read our Spotlight page: How the Employment Rights Act is changing unfair dismissal. You may also want to explore our wider support, including the Employment Rights Act Planner and our Audit and Impact Assessment, if you want a clearer view of where your organisation may be most exposed.

Because many of the changes affect everyday management decisions, we also offer practical Employment Rights Act 2025 training for managers. This focuses on real workplace scenarios, risk signals and escalation points, helping managers understand what is changing, when it matters and how to respond confidently in day-to-day situations.

Preparing early is not only about compliance but about putting your organisation in the strongest possible position for the years ahead.