The legal change

According to GOV.UK’s implementation timeline, the qualifying period for ordinary unfair dismissal is due to fall from two years to six months for dismissals from 1 January 2027. That gives recruiters, hiring managers, and HR far less room for weak probation control. 

What many teams still miss

Do not confuse that change with discrimination risk. ACAS guidance is clear that dismissals linked to a protected characteristic can trigger claims without any qualifying service barrier in the way ordinary unfair dismissal does. That risk starts from the outset. 

Why recruiters should care

Tighten early hiring control now. Set expectations in week one. Record concerns early. Escalate problems fast. Boards do not want vague reassurance. They want evidence that probation decisions were fair, consistent, and documented.

Why this matters to governance

That matters because workforce reporting and governance scrutiny are moving in one direction only. Recruiters need audit ready records that show what happened, when, and why. Process without evidence will not protect anyone when questions land.

Another risk already in force

GOV.UK also states that, from 18 February 2026, employees taking part in protected industrial action are automatically protected from unfair dismissal. Poor process is getting harder to defend. 

Call to action

Post your next vacancy with Diversity Jobsite and get our Probationary Review Evidence Pack free. It helps recruiters tighten early review points, keep clearer records, and build evidence before risk becomes expensive.