Government updates on unfair dismissal rights
Last night, the government confirmed that under the latest version of the Employment Rights Bill (ERB), the qualifying period for ordinary unfair-dismissal protection will be reduced from two years to six months.
While the originally proposed “day-one” guarantee of unfair dismissal rights has been dropped following compromise with business stakeholders and the House of Lords, the new six-month threshold reflects a major shift in expectations for early-employment management.
What this means for employers… Manage early employment carefully!
1. Probation and onboarding must be crystal-clear
Review and, if necessary, update your employment contracts, staff handbooks and offer letters to ensure any probationary period and its terms are clearly documented. Many employers already use 3–6-month probation windows.
With the new six-month unfair-dismissal threshold, there is increased importance on how onboarding and early employment are handled, so clarity from day one is essential.
2. Build structured early-review and performance management into your HR processes
With dismissal risk higher during the first six months (or soon afterwards), schedule regular check-ins, e.g. an early review, a mid-probation assessment, and a final review before or at three or six months.
Document reviews carefully: record feedback, performance against agreed objectives, any training or support provided, outcome of the review. This documentation helps in demonstrating a fair and reasonable process if dismissal becomes necessary.
3. Use HR tools/systems to track probation, review and key dates
Introduce or enhance onboarding and HR management systems that allow you to track start dates, probation end dates, and trigger reminders for review deadlines. This reduces the risk that probation lapses unnoticed or that confirmation or dismissal happens without due process.
Ensure any decisions pass, extend probation (if your contract allows), or dismiss are taken in a timely and well-documented manner.
4. Treat probation as a strategic period, not just an administrative formality
Use the early months to support new hires: provide clear objectives, regular feedback, mentoring or training where helpful, and integrate them into company culture. A well-managed probation increases the chances of a good long-term match.
If performance or conduct issues arise, consider whether additional support or adjustments are possible before resorting to dismissal. This approach helps reduce risk, both reputational and legal, and improves staff retention.
5. Prepare for wider change beyond dismissal rights
The ERB’s broader reforms, such as new rights around sick pay, parental leave and other employment protections are coming next year, so now is a good time to review your overall onboarding, HR, and people-management processes.
Even though the six-month unfair-dismissal threshold has replaced “day-one” rights, this change still represents a significant tightening of worker protections. Employers should view it as part of a broader shift toward more robust employment-rights legislation in the UK.
Looking ahead – now is the time to prepare
It’s important to note that these changes will not come into effect immediately. According to the government’s current implementation roadmap, a lot of the reforms under the Employment Rights Bill, including the revised unfair-dismissal qualifying period, are expected to come into force in 2027.
That said, now is the time for businesses to act: review and update contracts, train managers on probation and performance-management practices, implement onboarding and HR systems, and ensure you’re ready for smooth compliance when the changes land.
If you’d like support in updating your policies, implementing effective onboarding or probation-management processes, or navigating the changes ahead get in touch with us at Regent HR.
We’re here to help you get ahead, stay compliant and build a stronger, more resilient workforce.
