An answer at last on the unfair dismissal timeline?  What next?   

As HR consultants, we have been fielding a wave of questions recently about the government’s proposals to reduce the qualifying period for unfair dismissal claims and at last, we have an answer.

The discussions concluded that reducing the qualifying period for unfair dismissal from the current 24 months to 6 months (whilst maintaining existing day one protection against discrimination and automatically unfair grounds for dismissal) is a workable package.

It will benefit millions of working people who will gain new rights and offer business and employers much needed clarity.   This is one of the most significant shifts in UK employment law in over a decade – and its implications for people management, risk management and organisational culture are substantial.

While many employers are understandably concerned about an increase in tribunal exposure, the real opportunity lies in using this change to strengthen HR practices, sharpen leadership capability and build healthier workplaces overall.

In this blog, we will break down what the change means, why it matters and what steps we can help you take now.

Shorter timeframe for employers to identify issues

Managers will need to identify performance or conduct concerns earlier, document them properly and engage in meaningful corrective conversations.   With the qualifying period shortened, organisations must ensure line managers understand:

• how to hold early performance conversations
• how to document objectively
• how to escalate issues promptly
• when to involve HR

Higher expectations for onboarding and probation

Relying on informal conversations or assumptions during the first few months carries greater risk. Written records of performance concerns, feedback and support offered will be essential.  This also means getting recruitment right is even more important.

Better documentation generally – from day one

Relying on informal conversations or assumptions during the first few months carries greater risk. Written records of performance concerns, feedback and support offered will be essential.

Greater importance of fairness and consistency

Tribunals will look closely at whether the employer acted reasonably. Inconsistent treatment or a poor procedure will be harder to defend – even for newer employees.

What is Hunter HR doing to support this change?

• We are already working with our clients to ensure they review and update probation policies to include structured review points (e.g. 4, 8, and 12 weeks).
• We are starting to train managers – and can offer short, focused sessions covering performance conversations, dismissals, documentation and early intervention to drastically reduce risk.
• Strengthen onboarding – this reduces performance issues, increases retention, and improves engagement – all crucial under the new rules.
• Auditing disciplinary and capability procedures – to make sure your policies are up-to-date, accessible and consistently applied.

The bottom line

The reduction of the unfair dismissal qualifying period to six months is a major shift, but it’s also an opportunity. Employers who invest in solid people management practices will not only reduce legal risk – they will also build more engaged and capable and supported workforces.

If you want to review your policies, processes, and manager training, now is the time.

Those businesses that adapt early will feel the least impact from this change – and may even come out stronger.

Please reach out to us at [email protected] to see how we can help.