Probation Period Rules UK 2026: What to Change Before January 2027

This article is for guidance only. It is not legal advice.

From January 2027, employees can bring an unfair dismissal claim after just six months of employment. That is the most significant change to dismissal law for small employers in decades. If you hire a plumber, electrician, cleaner or carpenter today, they could reach six months of service by January 2027 and gain full unfair dismissal protection almost immediately after the law changes. You need to redesign your probation process now, before your next hire.

What is changing in January 2027

The Employment Rights Act 2025 introduces two connected changes:

Qualifying period drops to six months. Today an employee needs two years of continuous service before they can bring a standard unfair dismissal claim. From January 2027, they need only six months. You have a much shorter window to identify and exit a poor hire.

Statutory initial period of up to nine months. The Act creates a statutory initial period during which a lighter-touch dismissal process applies. Instead of following the full ACAS code of practice, you need to give the employee a reason, allow them to respond and act in good faith. The precise requirements will be set out in regulations. After nine months of employment, the full ACAS code applies.

Why a three-month probation period is no longer enough

Under the old rules, a three-month probation period served a practical purpose: you could assess a hire and exit them before they accumulated significant unfair dismissal risk. The real safety net was the two-year qualifying period.

From January 2027, the safety net shrinks to six months. A three-month probation period that ends well before the qualifying period gives you very little structured time to identify and address problems before the legal landscape changes.

A six-month or nine-month probation period gives you a meaningful assessment window aligned with the new qualifying period and the statutory initial period.

What good probation looks like from 2026 onwards

Set measurable objectives at the start. For a new roofer, that might mean completing jobs within agreed time, following health and safety procedures and achieving the required quality standard. For a new cleaning operative, it might mean attendance, reliability and customer feedback. Write these down on day one.

Hold at least two formal reviews. One at the midpoint of probation and one at the end. Each review should be documented. Give the employee written feedback and record their response.

Give clear written warnings before any failure decision. If a new hire is not meeting the required standard at month three, tell them clearly and in writing. Set an improvement target and a review date. Do not let the probation period run out without addressing concerns.

Document everything. A probation that was not documented is a probation that did not happen from a tribunal perspective.

The statutory initial period in practice

During the statutory initial period of up to nine months, the required process for dismissal is lighter than the full ACAS code. Based on what has been published, you will not be required to hold a formal disciplinary hearing with the right to be accompanied. You will still need to:

• →Give the employee a reason for the dismissal
• →Allow the employee to respond to that reason
• →Make the decision in good faith

Automatically unfair dismissal rules still apply throughout. A dismissal during the statutory initial period because an employee is pregnant, raised a safety concern or joined a trade union is automatically unfair regardless of process.

The regulations setting out the full requirements for the statutory initial period had not been published at the time this article was written. Check for updates from the government and ACAS before January 2027.

What to do now

• →Update your employment contracts to reflect a six or nine-month probation period
• →Create a written probation review template with objectives, midpoint review and end review sections
• →Ensure every new hire signs their contract before starting and receives a copy
• →Brief your foremen, site managers and supervisors: the old approach of "they have not been here long enough" will not work from January 2027