✅ WEDNESDAY BLOG

HR Fact: Unfair Dismissal Qualifying Service Is Expected to Reduce to Six Months Under Upcoming Employment Law Changes

The Current Position

Under the Employment Rights Act 1996, most employees must currently have two years’ continuous service to bring an ordinary unfair dismissal claim.

However, employers should remember that several dismissals are automatically unfair from day one, including those related to:

• Pregnancy or maternity

• Whistleblowing

• Trade union activities

• Health and safety concerns

• Exercising statutory rights

• Discrimination under the Equality Act 2010

Forthcoming Change

As part of the Government’s wider employment law reform agenda, forthcoming legislation is expected to reduce the qualifying period for unfair dismissal claims to six months.

While final implementation dates and detailed regulations are still awaited, the proposed change signals a significant shift in dismissal risk for employers, particularly regarding:

• Probation management

• Early service dismissals

• Performance management

• Recruitment decisions

Why This Matters

A shorter qualifying period will:

• Increase tribunal exposure for employers

• Require stronger probation review processes

• Emphasise early performance management documentation

• Reduce flexibility around early termination decisions

• Heighten the importance of legally compliant dismissal procedures

Employer Best Practice Now

To prepare for these changes, employers should:

✅ Review probation procedures and documentation
✅ Conduct structured review meetings
✅ Ensure contracts clearly define probation expectations
✅ Train managers on early performance management
✅ Maintain evidence-based decision-making
✅ Seek HR advice before dismissal decisions

Matthew Chilcott Comment

“The proposed reduction in qualifying service for unfair dismissal represents one of the most significant shifts in dismissal risk for employers in recent years. Businesses should begin preparing now by strengthening probation management and ensuring fair, documented processes from day one.  I have developed a comprehensive Probationary Review Process that ensures all new members of the team are given adequate development and support when joining and should they not succeed, the company has adequate records to justify why they were not successful, whilst also ensuring the new recruit plays an active part in their Probationary Period”

How Consensus HR Can Help

Consensus HR supports employers with:

• Probation framework design

• Early performance management processes

• Contract and handbook updates

• Manager training

• Tribunal risk mitigation

👉 www.consensushr.com