Can I Still Dismiss Someone in Their First 6 Months of Employment?

But from 1 January 2027, the way you do it has to be different. And if you get the process wrong, it could cost you significantly.

The Employment Rights Act is reducing the unfair dismissal qualifying period from two years to six months. The new rules will cover anyone you hire from 1 July 2026.

That does not mean you have lost the ability to let someone go during their early months. It means you cannot afford to do it casually anymore.

What the new rules actually say

From January 2027, employees will qualify for unfair dismissal protection after just six months of service. There will be a statutory initial period of employment that serves as a formal probationary period.

But here is the part that catches most business owners off guard. Employees can still bring a claim during that period. The protection kicks in earlier than most people expect.

What you can still do

You can still dismiss someone during probation. That has not changed.

You can dismiss for performance, conduct, or capability. You can end employment if the role genuinely is not working out. None of that has been taken away from you.

What has changed is the standard you will be held to if that decision is ever challenged.

What you need to do differently

The days of managing someone out with an informal conversation and a handshake are over.

If you are going to dismiss someone within their first six months, you need to be able to show that you:

• Raised concerns early, specifically and in writing
• Gave clear feedback on what needed to change
• Provided a reasonable opportunity to improve
• Followed a fair and consistent process throughout

If you cannot evidence those things, you are exposed. It is as straightforward as that.

What about probation length?

Honestly, nobody has a definitive answer to this yet.

There is no legally mandated probation length under the new rules. The industry has not agreed on a standard, and different HR professionals and employment lawyers are landing in very different places. Some are saying three months. Some are saying five or six.

Our advice is simple. Do not get fixated on the length of the probation period.

What matters far more than whether your probation is three months or six is what actually happens during it.

A six-month probation with no structure and no documentation is riskier than a three-month probation with clear expectations, regular check-ins, and written feedback at every stage.

Focus on the quality of the process, not the number on the contract.

How things used to work compared to now

Previously, you had a two-year qualifying period. That gave you a long runway to work out whether someone was right for the role. If it was not working, you could manage them out informally with relatively low legal risk.

That safety net is gone.

With six months' unfair dismissal rights, the pressure shifts entirely onto the early months of employment. Your onboarding needs to set clear expectations from day one. Probation reviews need to be structured and documented. Performance concerns need to be addressed quickly rather than left to drift.

You need to make an earlier call on whether someone is the right fit. And you need to be able to show clearly how you reached that decision.

This makes manager capability more important than ever. Many of the issues we see start with a manager who avoided a difficult conversation or assumed the problem would sort itself out. Under the new rules, that approach creates real and avoidable risk.

What puts you at risk

These are the situations we see most often when a dismissal is challenged:

• No written record of concerns being raised
• No evidence that the employee was given support or feedback
• Dismissing without following the company's own procedure
• Treating different employees differently in similar situations
• Managers who hope the problem will resolve itself rather than addressing it directly

Every one of these is avoidable. None of them requires complex systems or lengthy processes. They just require a consistent, documented approach from the start.

How we can support you

We work with small businesses to review probation and dismissal processes, train managers on what a fair process looks like under the new rules, and support individual cases so that every decision made is legally sound and properly documented.

If you are unsure whether your current approach to probation and dismissal will hold up after 1 July 2026, it is worth getting that reviewed now rather than finding out the hard way.

Get in touch for a confidential chat, and we will talk you through exactly where you stand.

📞 0161 757 7576 📧 info@hrtoolbox.co.uk 🌐 www.hrtoolbox.co.uk