Unfair Dismissal Claims After Just Six Months’ Service?
From 1 January 2027, employees will be able to bring an unfair dismissal claim after just six months’ service. Businesses that do not have a robust probation review process in place could face significant employee relations and legal risks.
For employers, this means that ineffective probation management could expose the business to greater legal and employee relations risks far earlier than ever before.
Ask Yourself:
- Do you have a formal probation process in place?
- Are probation reviews completed consistently?
- Are performance and conduct concerns identified early?
- Are review meetings documented and retained?
- Can you demonstrate a fair and reasonable process if challenged?
If the answer to any of these questions is “no”, now is the time to act.
Why Effective Probation Management Matters
A well-structured probation process helps employers:
- Set clear expectations from day one.
- Monitor performance and conduct fairly and consistently.
- Identify issues early and provide appropriate support.
- Maintain accurate records of discussions and outcomes.
- Make informed employment decisions before unfair dismissal protection applies.
Written by Lucy Williams FCILEx
Head of Employment Law & Human Resources at Key Group Services Ltd
