Employment Law 2026: Probation & Dismissal Changes
Employment Law Update 2026: What Employers Need to Know
With ongoing developments surrounding the Employment Rights Bill (expected to shape the Employment Rights Act 2025), UK employers must stay proactive—especially around probation periods and unfair dismissal rights.
One of the most discussed changes is the potential move towards a shorter qualifying period for unfair dismissal claims, possibly reducing from two years to around six months.
Why This Matters for Employers
If implemented, this means:
- Employees could gain unfair dismissal rights much earlier
- Increased risk of tribunal claims
- Greater need for structured onboarding and probation management
This is where many businesses fall short.
The Role of a Strong Probation Period
A well-managed probation period is your first line of defence.
Best practice includes:
- Clear Contract of Employment from day one
- Defined performance expectations
- Regular review meetings
- Documented feedback and outcomes
Without this, defending a dismissal becomes significantly harder.
Documentation is Key
Employment Tribunals rely heavily on evidence. Businesses should ensure:
- Accurate meeting notes
- Clear performance records
- Consistent processes aligned with the ACAS Code of Practice
Failure to follow correct procedure can increase awards by up to 25%.
How Consensus HR Supports You
At Consensus HR, we ensure our retained clients:
- Have fully compliant Contracts & Handbooks
- Receive ongoing Employment Law updates
- Get unlimited HR advice when managing risk
- Are fully prepared should issues escalate to Tribunal
Comment from Matthew Chilcott – Owner, FCIPD, ACEL, BA(Hons)
“With Employment Law continuing to evolve, businesses must move from being reactive to proactive. A well-managed probation period is no longer just good practice—it is essential protection for your business. Businesses need to think outside the box and have comprehensive Probationary Period systems in place and is why when I worked for Welcome Break – Forte Restaurants and Veolia Water, one of the first things I created and implemented was a three month probationary workbook that was structured and extremely valuable from an employee and business perspective.”
Need Support?
👉 https://www.consensushr.com/hr-support-services-for-your-ccompany/
👉 https://www.consensushr.com/contact-hr-support/
Your Outsourced Human Resources (HR) Department.
For further information on any of the HR subjects we provide, please click the heading below:
