Navigating the New Six-Month Qualifying Period for Unfair Dismissal Claims

What’s Changing

The government has confirmed that the change is expected to take effect, following Royal Assent of the Employment Rights Bill. The qualifying period for employees to bring an unfair dismissal claim will be reduced from two years to six months. This reform forms part of the revised Employment Rights Bill, developed through negotiations between the government, business groups, and trade unions.

What Does This Mean for Your Business?

• Shorter protection gap: Employees will gain unfair dismissal rights after six months.

• Probation management: Greater importance on structured probation reviews to fit within the shorter timeframe.

• Performance documentation & processes: Employers must keep accurate records of performance conversations from the outset to evidence fair treatment.

• Review Policies and Contracts: Ensure they are up-to-date and compliant with the new regulations.

• Revise Recruitment Processes: Enhance strategies to ensure candidates are well-suited for your organisation and roles.

• Enhance Onboarding and Training: Identify areas where new hires may need additional support to reach their potential.

• Train Managers: Equip Managers to provide fair, clear feedback and adhere to appropriate processes.

For SMEs and Non‑profit organisations, this change emphasises the need for fairness and transparency with new hires. Although the compromise avoids the initially proposed “day one” rights, it signifies a significant shift in employment law. Preparing now can help prevent disputes once the law takes effect.

Need Help and Support?

If you’re uncertain about how this change impacts your contracts, probation policies, or HR processes, contact us for tailored HR advice and support. We can assist in updating your documents, training managers, and ensuring your processes are compliant and people-friendly.