The six-month window: managing probation under the new unfair dismissal rules

In July 2026 Alex joins a new team. Three months in their manager notices a few things which concerns them; missed deadlines, a tendency to bristle at constructive feedback, comments from colleagues that nobody felt the need to address. Nothing dramatic. Nothing that would previously have felt urgent enough to act on.

In the past, the manager might have parked it and watched to see if it settled. They may have waited for the six-month review (or possibly later) to raise it properly, once there was a clearer picture.

Time passes and as the review period approaches, the manager notices that Alex’s concerning patterns of behaviour have solidified into something harder to address and importantly, it’s now impacting on client delivery. Concerns have been raised as to Alex’s suitability for the job. The manager is under pressure to deal with Alex more proactively. Typically, one option, in the early days of employment would be to terminate the employment relationship on notice. It’s January 2027, however, and that window of opportunity has passed. Alex has full protection from unfair dismissal.

The manager wasn't careless. They just assumed they had more time than they do.

What the unfair dismissal changes mean in practice

Under the Employment Rights Act, the qualifying period for unfair dismissal claims is reducing from two years to six months, a change which takes effect as of 1st January 2027. Anyone who has six months in employment at that time, enjoys full protection and should employment be terminated. At the same time, the cap on compensation that can be awarded at tribunal is being removed entirely.

For organisations, this means two things. First, a much larger proportion of the workforce will have unfair dismissal rights at any given time.

Second, when things go wrong, the financial exposure is no longer bounded in the way it has been.

For managers, it means the settling-in window they have historically relied on is shrinking fast.

The six-month period before an employee gains rights is not a long time in a busy working environment. Holidays, travel, competing priorities and the natural rhythm of a new hire finding their feet mean it passes quickly. Performance or attitude issues often emerge gradually, not dramatically. And if managers are not having structured conversations from the start, problems can easily reach the six-month mark unaddressed and unrecorded.

Why probation management needs to change

Most organisations have probation processes on paper. The challenge is that in practice, probation has often been informal. Managers have historically had the reassurance that if something wasn't right, there would be time to address it properly later in the employment relationship. That safety net is disappearing.

But the shift this demands goes deeper than process. What changes most significantly is the point at which managers need to intervene. Under the previous two-year qualifying period, a manager could reasonably watch and wait – let low-level niggles play out, see if early friction resolved itself, hold back on difficult feedback conversations until there was a fuller picture. That approach is no longer viable.

From January 2027, managers will need to act on signals that previously wouldn't have felt urgent enough to act on, and to document those conversations as they happen, not reconstruct them later. For many, that will mean having conversations earlier than they have ever had to before, at a point where the concern is still forming, the relationship is still new and the instinct is to give the benefit of the doubt.

That is not always easy. Many managers find it difficult to raise concerns with someone who is new. They don't want to undermine confidence, damage an early relationship or seem unfair. The result is often silence which, under the new rules, creates a different kind of problem entirely.

What managers need to do differently

The managers who will navigate this well are those who approach the first six months with three things: structure, connection and honest feedback early.

Structure - Before a new hire joins, their manager should have a clear picture of what success looks like in the role - not just the tasks, but the behaviours expected. A 30/60/90 day plan with milestones and regular review points gives both sides a shared frame of reference.

Connection - People perform better when they feel genuinely supported and conscious efforts should be made to welcome and induct a new recruit into the team. Managers who are intentionally present in the early weeks build the kind of relationship that makes difficult feedback easier to give and receive.

Honest, timely feedback - The instinct to wait for a clearer picture, for things to resolve themselves is understandable but increasingly risky. Concerns need to be raised early, documented as they happen and escalated to HR quickly if they are not resolving.

Preparing for January 2027: more than a process change

It would be easy to read these changes as a call for more administration, more forms, more reviews, more sign-offs. That is not the point.

The managers who will handle this well are not the ones who generate the most paperwork. They are the ones who build real relationships with their people early, have the confidence to name concerns when they arise and create conditions where feedback goes both ways.

The Employment Rights Act is raising the stakes on probation management. But the underlying capability it demands – honest, supportive, timely management is what good management has always required. The difference is that from January 2027, the cost of not doing it well is significantly higher.

If you would like to find out how we can help – whether that is building manager confidence in difficult conversations, equipping your people to manage performance within the law, or building the capability to spot and address risk early – please do get in touch.

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