Recruitment and Probation Under the New Unfair Dismissal Regime: Managing Risk From Day One

From 1 January 2027, the qualifying period for ordinary unfair dismissal will reduce from two years to six months, with the compensation cap also removed. In practice, this means that for appointments made from July 2026, employers will need to treat recruitment, induction and probationary periods as critical risk-management tools rather than administrative formalities. There will also be knock-on implications for the way fixed-term contracts are used and managed at an early stage of employment.

The government’s published impact assessment underlines the scale of the change. It estimates that reducing the qualifying period to six months will extend protection to a further 6.3 million employees and result in a significant increase in Acas early conciliation referrals and tribunal claims. The removal of the compensation cap is expected to have a particular impact in higher-value claims, especially for senior or specialist roles, even though the government accepts that employer and employee behavioural responses are difficult to predict.

This webinar is designed to help employers adapt confidently to this new landscape. It will focus on how to build a more robust front end to the employment relationship, reducing exposure to early unfair dismissal claims through effective recruitment decisions and structured probationary management.

Our speakers will explore:

• What the new six-month qualifying period means in practice, and why the government expects it to have the greatest impact of any measure in the Act on the tribunal system
• How the removal of the compensation cap changes risk assessment for dismissals during and shortly after probation
• Practical steps employers can take now to strengthen recruitment processes, induction and early performance management
• How to manage probationary periods and early-stage fixed-term arrangements in a way that is structured, evidence-based and defensible if challenged.

All attendees will receive our new probationary policy and line managers’ guide. The webinar will explain how to use these documents in practice, including how to support managers to have timely, effective conversations and make informed decisions within the first six months of employment.

The session will also touch on the management behaviours that become increasingly important under a shorter qualifying period, including setting clear expectations, giving effective feedback and handling early concerns constructively. These are not just legal issues, but core line management skills that underpin fair and defensible probationary decisions.

Who should attend? 

This session is aimed at HR professionals, people managers and senior leaders responsible for recruitment, onboarding and probationary decisions, particularly those looking to prepare for the unfair dismissal changes well in advance of implementation.