Changes to unfair dismissal rights for employees present a risk that businesses must be prepared for by Summer 2026, not January 2027, experts have warned.
The warning comes as new research from WorkNest, based on a survey of more than 1,000 employers, reveals that nearly one in three businesses (29%) either misunderstand when unfair dismissal protection begins or are unsure – highlighting a potential lack of readiness ahead of the reforms.
While the changes, part of the Employment Rights Act (ERA), are set to formally take effect in January 2027, any employees taken on from July 2026 would be eligible to gain unfair dismissal protection by January, once they have accrued six months’ service.
This creates a “hidden deadline” for employers. As a result, businesses should ensure their probation processes are robust and fit for purpose by July 2026, with probation periods set to play a critical role in managing risk under the new rules.
Julie Jones, Senior Employment Law Adviser and Solicitor at WorkNest said: “There’s a real risk that employers focus on the January 2027 deadline and overlook what’s happening six months earlier. In reality, the risk starts building from Summer 2026. Any employees hired from that point could gain protection by January, meaning employers need well-structured and actively managed probation processes in place well before then.”
The research also suggests many employers may lack confidence in managing dismissals at this early stage. Just 19% say they feel ‘very confident’ dismissing an employee at the end of a six-month probation period, while the majority (57%) are only ‘somewhat confident’. Almost a quarter either lack confidence (11%) or say they would need HR advice (13%).
Julie added: “Probation periods will become one of the most important tools available to employers, but they need to be used properly. Decisions around performance, conduct or absence must be fair, clearly evidenced and supported by a consistent process.
“Employers have historically had more time to manage these issues. As that window for managing these issues shortens, there’s far less room for error.”
With the timeline accelerating, employers are being urged to review their probation policies, train managers and ensure documentation is robust before the “hidden deadline” catches them out.
WorkNest supports employers with pragmatic employment law, HR and health and safety advice, alongside hands-on support and targeted manager training – helping organisations strengthen processes, reduce risk and ensure compliance with evolving regulatory scrutiny.
The post The ‘hidden deadline’ for unfair dismissal change that could catch employers out first appeared on HR News.