1 July 2026 – a milestone date for new unfair dismissal rights

June 29, 2026

By Heledd Ainsworth

Read time: 2 minutes

Significant reforms under the Employment Rights Act 2025 surrounding unfair dismissal are coming into force on 1 January 2027. However, these changes will have a practical effect from 1 July 2026, meaning a review of your recruitment, probationary and dismissal procedures is vital from today.

Our employment lawyer Heledd explains what the reforms mean, why employers should start preparing now, and steps employers can take to reduce risk ahead of the changes.

What is changing?

Currently, in most cases, employees need 2 years’ continuous service before they can bring a claim for unfair dismissal against their employer. However, from 1 January 2027, this qualifying period will drop down to just 6 months.

Although this change comes into force from January, the practical implication is that any new employee that is recruited on or before 1 July 2026 will obtain the extended protection if they are still employed come 1 January 2027. This means that 1 July 2026 becomes a key milestone in UK employment law.

But 6 months doesn’t actually mean 6 months

Here’s where there’s a common misconception. Whilst we refer to a new 6-month unfair dismissal qualifying period, what we actually mean is that the unfair dismissal qualifying period will be 5 months and 3 weeks. This is because there is a statutory week that bridges over to the new 6-month qualifying period.

What should you do about all of this?

  • Probationary periods – Many employers have already reduced their probationary periods for new employees down from 6 months. The thinking behind this is that, waiting 6 months to fail an employee’s probationary period will now be too late, because that employee will already have full unfair dismissal rights. Hence why 3-month or 5-month probationary periods are going to be more common, and arguably more effective.
  • Probationary period policies – Probationary periods will now become much more important, and time will be tight for employers to make a decision on whether to pass or fail an employee’s probationary period. With this in mind, we are now regularly being asked by clients to draft new probationary period policies (a type of policy that is going to become a must in staff handbooks in future). This will ensure policies are watertight to help employers better navigate probationary periods.
  • Managing performance early on – It is now going to be more important than ever for managers to manage the performance of new employees from an early stage. With shorter probationary periods, and a shorter unfair dismissal qualifying period, there’s going to be more pressure on managers to get this right. As such, we are regularly being asked by clients to help train and upskill managers on the art of managing performance early on in the employment relationship.
  • Recruitment – Effective recruitment will become increasingly important. This may seem easier said than done, but improving recruitment processes and enhancing due diligence on candidates is going to become more common.

Seeking expert advice

It is important now more than ever to get these initial recruitment, onboarding and probation practices right. If you would like help with reviewing your probation policies or any advice when it comes to understanding what steps you need to take as an employer, get in touch with our employment law expert Heledd on hainsworth@darwingray.com or 02920 829 100.

Read more

Contact Our Team

To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.

Alun Saunders
Marketing Executive
View Profile
Amanda Scanlon
Executive Assistant
View Profile
Anna Rees
Head of Marketing
View Profile
Caragh McCormack
Trainee Solicitor
View Profile
Catherine Burke
Partner
View Profile
Charles Collar
Solicitor
View Profile
Cindy Thomas
Senior Accounts Manager
View Profile
Damian Phillips
Partner
View Profile
Denna Cather
Office Supervisor
View Profile
Elin Davies
Senior Associate
View Profile
Elliw Jones
Associate
View Profile
Emily Shingler
Senior Associate
View Profile
Erin Phillips
Senior Marketing Executive
View Profile
Fflur Jones
Managing Partner
View Profile
Fiona Hughes
Senior Associate
View Profile
Fiona Sinclair
HR Consultant
View Profile
Gareth Wedge
Partner
View Profile
Georgina Rees
Solicitor
View Profile
Geraint Manley
Trainee Solicitor
View Profile
Grace Jarrett
Paralegal
View Profile
Gwen Hughes
Solicitor
View Profile
Heledd Ainsworth
Solicitor
View Profile
Heledd Evans
Solicitor
View Profile
Holly O’Regan
Trainee Solicitor
View Profile
Iwan Price
Receptionist / Legal Office Assistant
View Profile
Jessica Hayward
Associate
View Profile
Kadell Khalid
Secretary / HR Administrator
View Profile
Kate Heaney
Senior Associate
View Profile
Leanne Nixon
Associate
View Profile
Lisa Evans
Paralegal
View Profile
Lloyd Pike
Solicitor
View Profile
Lorna Fraser
Associate
View Profile
Lowri Evans
Paralegal
View Profile
Lucie Williams
Receptionist | Legal Office Assistant
View Profile
Mark Rostron
Partner
View Profile
Mike Raymond
Solicitor
View Profile
Nick O’Sullivan
Partner
View Profile
Nicole Brendel
Associate
View Profile
Non Kinsey
Associate
View Profile
Oliver Morris
Partner
View Profile
Owen John
Partner
View Profile
Patrick Murphy
Partner
View Profile
Rachel Ford-Evans
Partner
View Profile
Ramyar Hassan
Associate
View Profile
Rhodri Lewis
Consultant
View Profile
Rohey Jomadar
Associate
View Profile
Sarah Price
Legal Director
View Profile
Seren Trigg
HR Consultant
View Profile
Siobhan Williams
Partner
View Profile
Siôn Fôn
Partner
View Profile
Siriol Hughes
Paralegal
View Profile
Stephanie Kendall
Solicitor
View Profile
Stephen Lummis
Accounts Manager
View Profile
Stephen Thompson
Partner
View Profile
Tiegan James
Solicitor
View Profile
Tracey Holland
Finance Manager
View Profile
Vanessa Lovell
Senior Associate
View Profile

What our clients have said...