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

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. For schools, colleges and other education providers, this represents a significant shift in risk at an early stage of the employment relationship. In practice, for appointments made from July 2026, recruitment, induction and probation will need to be approached as tightly managed processes rather than administrative steps. 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 highlights the scale of these changes. It estimates that reducing the qualifying period to six months will extend protection to a further 6.3 million employees and lead to a substantial 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, including senior and specialist roles, even though the government accepts that employer and employee behavioural responses remain difficult to predict.

This webinar is designed to support education employers in preparing for the new landscape and will be framed through the lens of safer recruitment statutory guidance and compliance with regulatory expectations. It will focus on how to strengthen the front end of the employment relationship, using recruitment, induction and probationary management to reduce legal risk while maintaining fairness and compliance.  

Our speakers will cover:

• What the new six-month qualifying period means in practice for education employers, 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 to strengthen recruitment and induction processes in line with safer recruitment principles
• How to manage probationary periods and fixed-term appointments in a way that is structured, evidence-based and defensible if challenged

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.

All attendees will receive our new probationary policy and line managers’ guide, drafted specifically with education employers in mind. The webinar will explain how to use these documents in practice, including how they support consistent decision-making and safer recruitment compliance.

Who should attend? 

This session is aimed at HR professionals, headteachers, bursars, business managers, senior leaders and others with responsibility for recruitment, induction and probationary decisions within schools.