Somewhere in month four or five, a manager usually knows whether a new hire is working out. In a small business that judgement often lives in the manager's head, a few messages and a review that slipped off the calendar.
From January 2027 that informal habit carries more weight. Protection from ordinary unfair dismissal is scheduled to start after six months of service rather than the usual two years today. GOV.UK on eligibility to claim unfair dismissal. The practical answer is a probation process managers can run without thinking twice: clear expectations, a review rhythm, records that already exist when a decision is needed. The full timetable is on our Employment Rights Act key dates page.
Check what is scheduled to change
As checked on 13 September 2026, regulations made on 26 May 2026 under the Employment Rights Act 2025 bring the six-month qualifying period into force on 1 January 2027. They apply where the effective date of termination falls on or after that date, even if notice was given before it, so a dismissal in late December with a notice period that runs into January falls under the new rule. Commencement regulations, SI 2026/559. The government's implementation timetable lists the same date and states that all future dates remain subject to parliamentary processes and may change. Government implementation timetable.
The government's employer guidance adds two points. The qualifying period for requesting written reasons for dismissal will also fall from two years to six months on the same date, and the cap on compensatory awards will be removed. The changes apply across England, Scotland and Wales but not in Northern Ireland. The cap is currently the lower of £123,543 or 52 weeks' gross pay. The government's factsheet also records 646 unfair dismissal awards reported in 2023/24, with a median of £6,746, which puts the word "uncapped" in proportion. GOV.UK unfair dismissal factsheet. Unfair dismissal rights for employers. Acas notes that someone who already has six months' service on 1 January 2027 will be protected from that date, so anyone who started on or before 1 July 2026 is inside the new rule from its first day. Acas on probation periods.
Two things do not change.
Some reasons for dismissal are automatically unfair with no qualifying period at all, including dismissal for making a flexible-working request, for pregnancy or maternity, for whistleblowing or for asking for a legal right such as the minimum wage. Acas on unfair dismissal. And GOV.UK's guidance on dismissing someone fairly applies whatever the length of service. GOV.UK on how to dismiss someone.
Decide what probation is for
There is no legal requirement to have a probation period, and it can be any length. Acas notes that some employers may want probation to end before an employee gains unfair-dismissal protection, and says plainly that this does not avoid legal risks. It also suggests that six months or less may not suit every role, because technical or specialist jobs can need longer for training and assessment. Acas on probation periods.
The useful question is what the business needs to know by the end of probation, and who will find that out. Write the answer into the role: the standard the person is expected to reach, the support they will get, the review dates and the conditions for an extension. Acas states that employers must set out the terms of probation in the written statement of employment particulars or the contract, and should also include them in any probation policy. Acas on following a fair process.
Give managers a review rhythm
Acas recommends regular formal reviews during probation and a final review to discuss the outcome. Each review should cover progress, how the person is settling in, honest feedback, their questions and any support they need. Managers should keep a record of each review and share it with the employee afterwards. Acas on probation reviews.
For a business with a handful of managers, a workable version is three dated conversations. Put the dates in the diary when the offer letter goes out, not when the manager remembers.
Scroll across the table if needed.
| Review | When | What to cover | Record |
|---|---|---|---|
| First | Within the first fortnight | Expectations, objectives, support and training needs | Dated note shared with the employee |
| Midpoint | Around month three | Progress against objectives, feedback, any concerns raised early | Dated note, any agreed improvement steps |
| Final | Before the period ends | Outcome, or an extension confirmed in writing before the end date | Confirmation letter or email |
The record can be short. A dated note of what was discussed, what was agreed and what happens next, sent to the employee, is a stronger record than a long form completed after the event. Where an employee is disabled, the employer must make reasonable adjustments, and the review is a natural place to check they are in place. Acas on probation reviews.
Acas puts it in one sentence: the outcome of probation should not come as a surprise to the employee. A practical approach, if performance is not where it should be, is to say so at the review, agree what improvement looks like and what support will be provided, and record it.
If more time is needed, an extension has to be handled properly. Acas says the employer must tell the employee in writing and confirm the extension before the original period ends, and should have clear conditions for when an extension is available. Acas on extending probation. A manager who discovers on the last day that probation quietly lapsed a week ago has lost the option.
Know when the process becomes a dismissal
Acas describes dismissal during probation as a last resort, and says employers should give the reasons in writing. From 1 January 2027 an employee with six months' service will also have a statutory right to request written reasons, so the habit is worth forming now. Unfair dismissal rights for employers. Where it is the outcome, the employer should follow a fair procedure and must give the correct notice, whether the statutory minimum or the longer period in the contract. Acas on dismissal during probation. In England, Scotland and Wales, GOV.UK points employers to the Acas Code of Practice on disciplinary and grievance procedures. GOV.UK on how to dismiss someone. Acas states that any separate capability procedure must be in line with that Code. Acas disciplinary procedure step by step.
From 1 October 2026 most tribunal claims are scheduled to have six months rather than three, so keep the review records after someone leaves. Government guidance on tribunal time limits. A calendar reminder is not a substitute for a fair procedure. Before a decision about an individual, check the current guidance and seek appropriate advice. The government's own employer page suggests independent advice when updating policies to work with a six-month qualifying period. Unfair dismissal rights for employers.
Give the preparation an owner
Acas reported in July 2026 that 23% of 1,050 senior decision makers surveyed named the six-month change among the biggest challenges in the Employment Rights Act. Acas survey, 16 July 2026. The preparation itself is modest: review the probation wording in your contracts and offer letters, agree the review dates and the record you expect, brief each manager once, and check who is currently in probation and when their reviews fall.
Treat it as one item on your wider action list for the 2026 and 2027 changes. Our guide to putting employment changes into practice shows how to keep that list honest about what is in force and what is still scheduled.
Common questions
Can I set probation to five months to avoid the six-month rule?
You can set probation to any length, but Acas says ending it before someone gains unfair-dismissal protection does not avoid legal risks, and that six months or less may not suit every role. Some reasons for dismissal are automatically unfair from day one regardless. Acas on probation periods; Acas on unfair dismissal.
Does the six-month qualifying period apply to staff already employed?
Yes, as scheduled. The six-month period will apply where the effective date of termination is on or after 1 January 2027, and Acas notes that someone with six months' service on that date will be protected from it, so anyone who started on or before 1 July 2026 is inside the rule from its first day. The government says future dates remain subject to parliamentary processes. SI 2026/559; Acas on probation periods.
Do I have to give written reasons for dismissing someone on probation?
Acas says employers should give the reasons in writing when dismissing during probation. From 1 January 2027, as scheduled under the Employment Rights Act 2025, employees with six months' service will have a statutory right to request written reasons. Acas on dismissal during probation; Unfair dismissal rights for employers.
How long can a probation period be?
There is no legal requirement to have one and it can be any length, but Acas says probation should be tailored to the job. Employers must set out the terms in the written statement of employment particulars or the contract, and must confirm any extension in writing before the original period ends. Acas on probation periods; Acas on extending probation.
This article provides general information for England, Scotland and Wales. It is not advice on an individual situation. Check current guidance and seek appropriate advice before making employment decisions.
Sources checked 13 September 2026.
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