HR manager conducting a probation review meeting with a new employee
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Why Employers Should Start Preparing Now for Unfair Dismissal Rule Changes

By June 11, 2026No Comments

What you need to know
• From July 2026, employees can claim unfair dismissal after just six months, down from the current two-year qualifying period
• This makes how you manage people from day one significantly more important
• Probation periods will be a key tool, with regular check-ins, clear objectives and honest feedback
• Documentation matters more than ever, so record key conversations and support throughout
• Line manager training is often the biggest gap for SMEs, so invest in this now
• Most employers won't need to start from scratch, just review and consistently apply what you already have

As HR professionals, we’re often asked whether businesses need to worry about employment law changes that seem a long way off. My answer is, more often than not, the earlier you prepare, the easier the transition will be.

One change that I believe employers should be paying attention to now is the upcoming reform to unfair dismissal rights, due to come into effect from July 2026.

HR manager conducting a probation review meeting with a new employee
Under the new rules, employees recruited after this date will be able to claim unfair dismissal after six months of employment, rather than the current two-year qualifying period. These changes present an opportunity for businesses to strengthen how they manage and support employees from day one.

In my experience, the organisations that experience the fewest employee relations issues are often those with the clearest processes. Employees understand what is expected of them, managers feel confident having honest conversations, and any concerns are addressed early.
This is why I think probation periods will become increasingly important.

Regular check-ins, clear objectives and constructive feedback help employees understand how they are performing and provide opportunities to address any issues before they become bigger problems.

Employer HR checklist for managing probation periods and new employee reviews
Good record keeping will also become increasingly important and ensuring key conversations and support are documented appropriately.

For many businesses, particularly SMEs, the biggest challenge may be ensuring line managers feel equipped to handle these conversations confidently and consistently. Investing in management training now can help avoid difficulties further down the line.

Organised HR documentation and record keeping for employee management
The good news is that many employers will already have the foundations in place. In most cases, preparing for these changes is about reviewing existing processes, ensuring they are being followed consistently and making sure managers have the skills and confidence they need.

My advice to employers is to take the opportunity now to review your onboarding and probation procedures and people management practices. Small improvements made today can make a significant difference in the future.

Alison Paton, Director at Nuvo HR

Alison Paton, Director at Nuvo HR

If you’d like to discuss how these changes could affect your business, the team at Nuvo HR would be happy to help.Book Your Free Discovery Call Today

FAQs: Unfair Dismissal Rule Changes 2026

Under the upcoming reforms, employees will be able to bring an unfair dismissal claim after just six months of employment. This replaces the current two-year qualifying period that has been in place for employees starting work from April 2012 onwards.

The changes are due to take effect from July 2026 and will apply to employees recruited on or after that date. Employees already in post before July 2026 will remain subject to the existing two-year qualifying period.

No — the reforms are expected to apply to new hires only. Employees who started before the July 2026 commencement date will not be affected and the current two-year qualifying period will continue to apply to them.

Best practice is to hold regular structured check-ins, set clear and measurable objectives from the outset, and give honest, constructive feedback throughout. Any concerns about performance or conduct should be raised early and documented — this protects both the employee and the employer if issues escalate.

While there is no strict legal requirement to have a probation period, having a clear, written policy that is communicated to employees at the start of their employment is strongly advisable. It sets expectations, supports consistent management, and provides an important paper trail should a dispute arise.

Employers should document probation review meetings, any performance or conduct concerns raised, the support or training offered in response, and the outcome of those conversations. Records should be kept securely in line with GDPR obligations and your organisation’s data retention policy.

Further Reading

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