The law on unfair dismissal is changing in Jan 27, but this is not a “future problem”
A lot of employers are still treating the upcoming unfair dismissal changes as something to think about “closer to the time”.
That is a mistake.
Because by the time we hit January 2027, many employees hired during 2026 will already qualify for unfair dismissal protection.
And if your probation processes are messy, inconsistent, undocumented, or overly reliant on “we’ll deal with it later”… you could find yourself exposed very quickly.
So what’s changing?
Under the Employment Rights Act 2025, the qualifying period for unfair dismissal claims is reducing from two years to six months’ service from 1 January 2027.
That is a huge shift.
Currently, many employers rely on the flexibility that comes with the two-year qualifying period. It often allows businesses more room to manage performance concerns, capability issues, or poor fit during the early stages of employment without the same level of legal risk.
That window is shrinking dramatically. And importantly, this change will apply retrospectively.
Meaning employees who already have six months’ service on 1 January 2027 may immediately gain unfair dismissal rights.
This is why this is not a “2027 issue”.
It is already a recruitment, onboarding, probation, and manager capability issue for 2026.
Why this matters operationally
Many probation processes are already far weaker than businesses realise. At RADAR HR, we regularly see issues such as:
No structured probation review meetings
Managers forgetting probation deadlines
Extensions discussed verbally but never confirmed properly
Poor documentation
No measurable objectives set
No written confirmation that probation has been passed
Managers avoiding difficult conversations until it is too late
“We’ll just extend it” approaches without contractual wording allowing it
Under the new rules, these gaps become far riskier.
Because if an employee reaches six months’ service before concerns are addressed properly, you may lose the flexibility you previously relied on.
The businesses who will struggle most This change is likely to hit businesses hardest where:
managers have never been trained properly on probation management
there is rapid recruitment or high turnover
operational pressures delay reviews
documentation is inconsistent
difficult conversations are avoided
HR processes rely heavily on informal practice rather than structure
Adult social care, hospitality, retail, logistics, and fast-paced operational environments may particularly feel the pressure because managers are often juggling people management alongside already stretched operational demands.
Probation periods may need rethinking
Many employers currently use six-month probation periods as standard.
That may no longer be the safest option.
Businesses should now be considering questions such as:
Should probation periods reduce to three or four months?
Do contracts explicitly allow probation extensions?
Are managers diarising review points early enough?
Are objectives and expectations genuinely measurable?
Are managers confident handling probation conversations?
Is there a clear paper trail?
Because the reality is this:
A probation process is only as strong as the manager running it.
Documentation matters more than ever
One of the biggest mistakes employers make is assuming probation simply “expires”.
It should not.
Contracts and policies should clearly state that probation is only passed once confirmed in writing by the employer.
Without that wording, businesses can create confusion and disputes very quickly.
Especially where concerns existed but no formal action was taken before the expiry date.
Clear documentation is no longer just “good HR practice”.
It is risk management.
This is bigger than compliance
Good probation management is not about trying to “catch people out”.
It is about:
setting people up properly from the start
creating clarity
having honest conversations early
giving structured feedback
identifying support needs quickly
helping managers lead confidently
reducing avoidable employee relations issues later
The businesses who get ahead of this now will be in a far stronger position than those scrambling to fix processes in late 2026.
Don’t get caught out
If your contracts, probation documents, manager capability, or processes have not been reviewed recently, now is the time.
This is not just a legal update.
It is an operational one.
At RADAR HR, I can support with:
probation process reviews
probation letters and documentation
manager toolkits
line manager training
practical probation frameworks
difficult conversation training
policy updates aligned to the upcoming changes
Because this is not a January 2027 problem.
The preparation starts now.