Probation and Dismissal — Preparing for the Six-Month Rule
Probation is a contractual management mechanism, not a period in which employment law disappears. Managers need to set expectations, provide feedback, preserve evidence and act early from the employee's first day.
From 1 January 2027, employees will ordinarily be able to claim unfair dismissal after six months in a job rather than two years. This makes timely, purposeful probation and fair decision-making even more important.
The full-day programme connects probation practice with fair reasons for dismissal, investigation, warnings, appeals, discrimination and automatically unfair-dismissal risks.
Want to discuss whether this programme fits your organisation? Email training@elevateimpacttraining.com
What Changes on 1 January 2027
The ordinary unfair-dismissal qualifying period reduces from two years to six months
This full-day programme gives managers the depth to prepare their whole probation process for this change, not just react to it case by case. From 1 January 2027, employees will ordinarily be able to claim unfair dismissal after six months in a job rather than two years. Waiting until the end of probation leaves little time for genuine improvement, and the six-month threshold increases the importance of regular, evidence-based reviews from day one.
A probation label does not remove discrimination, whistleblowing or automatically unfair-dismissal risk — these protections can apply from day one regardless of length of service. The six-month qualifying period concerns ordinary unfair dismissal specifically; it does not remove these other protections.
Detailed implementation may remain subject to regulations, consultation or updated guidance, and this programme reflects the law and official guidance available at the time of delivery.
This programme combines the legal change with a practical probation framework, so managers know exactly what evidence they need and when to seek advice.
Purposeful Probation Starts on Day One
Waiting until the end of probation leaves little time for genuine improvement — and a probation label does not remove discrimination, whistleblowing or automatically unfair-dismissal risk, however short the service.
Performance, conduct, attendance and capability require different analysis, and dismissal requires a valid reason, a balanced decision and a fair process regardless of length of service. The six-month threshold makes regular, evidence-based reviews essential rather than optional.
The aim is not to turn managers into employment lawyers. It is to help them expect, check, support, record and decide fairly, while understanding when Human Resources or specialist advice is needed.
Half-Day Workshop vs Full-Day Programme
Both options teach the same Expect – Check – Support – Record – Decide probation framework, but they serve different needs. The full-day programme is not simply a longer version of the half-day workshop — it provides substantially more depth on dismissal, fair reasons and formal process.
| Half-Day Workshop | Full-Day Programme | |
|---|---|---|
| Purpose | Purposeful probation and early-review confidence | Deeper judgement, dismissal principles and risk review |
| Probation framework | Introduced and applied to scenarios | Applied to a complete probation file |
| Fair reasons for dismissal | Not covered | Full session on potentially fair reasons |
| Discrimination & automatically unfair reasons | Awareness | Dedicated session |
| Conduct, capability & formal process | Awareness | Investigation, warnings, appeals in depth |
| Redundancy & other routes | Not covered | High-level awareness included |
| Case studies | Short scenarios | Full probation-file case exercise |
| Action planning | Personal probation improvement plan | Manager probation and dismissal risk audit |
Not sure which format is right? Speak to our training specialist on 07544 534759.
What Delegates and Organisations Gain From This Programme
Purposeful probation from day one
Clear 30, 60, 90-day and end-of-probation reviews
Earlier performance and conduct action
Better evidence, feedback and support
Greater awareness of disability and adjustments
Safer escalation and dismissal decision boundaries
By the End of the Programme, Delegates Will Be Able To
- Explain what probation does and does not mean
- Describe the six-month ordinary unfair-dismissal qualifying period from 1 January 2027
- Set clear expectations, measures, support and review dates from day one
- Run meaningful 30, 60, 90-day and end-of-probation reviews
- Distinguish performance, conduct, capability and attendance concerns
- Recognise disability, reasonable-adjustment and protected-rights risks
- Create accurate evidence and communicate clear next steps
- Know when Human Resources must become involved
- Apply fair-reason and fair-procedure principles to dismissal scenarios
- Evaluate a complete probation file and make a reasoned recommendation
Full-Day Programme Outline
The programme works through a complete probation file and realistic dismissal scenarios throughout — the goal is confident, evidence-based judgement.
Delegates challenge the misconception that probation suspends employment rights, then translate the January 2027 change into practical preparation using the Elevate Impact probation framework: Expect – Check – Support – Record – Decide. The session covers managing from day one and building a meaningful review rhythm at 30, 60, 90 days and end of probation, turning a vague "all going fine" review into a balanced, evidence-based conversation.
Delegates learn how the nature of a concern — performance, conduct, attendance or capability — determines the appropriate response, then work through what evidence, feedback and health or disability considerations belong in a confirm, extend or terminate decision, and when Human Resources advice is required before any dismissal action.
Delegates receive practical awareness of potentially fair reasons for dismissal, fair investigation and process, warnings and appeals, before a dedicated session on discrimination and automatically unfair reasons that can apply regardless of length of service. The day closes with the probation-file exercise — deciding whether to confirm, extend or consider termination based on realistic evidence — and the Manager's Probation and Dismissal Risk Audit.
Suitable for Anyone With People Management Responsibility
This practical course is designed for anyone responsible for people, workplace decisions or day-to-day employee management.
Want this tailored to your sector or organisational context? Email training@elevateimpacttraining.com
Flexible Delivery — Wherever You Are
The programme can be tailored around your organisation's policies, review cycles, reporting routes, forms and current management challenges. Delivered in-house or virtually, available across England, Scotland, Wales, Northern Ireland and Europe.
Face-to-Face
Delivered at the client's workplace, with examples adapted to the organisation, sector, policies and workforce
Virtual
Delivered through Microsoft Teams or Zoom using structured discussion, breakout activities, case studies and practical skills work
Bespoke
Tailored around your policies, review cycles, reporting routes, forms and current management challenges
Legal Content Reviewed September 2026
Employment law, official guidance and organisational procedures continue to develop. This programme reflects the law and official guidance available at the time of delivery and is adapted to the client organisation's current policies and authorised decision routes.
The six-month qualifying period concerns ordinary unfair dismissal only. It does not remove day-one or other protections, including discrimination, whistleblowing and automatically unfair-dismissal risks. Detailed implementation may remain subject to regulations, consultation or updated guidance.
Elevate Impact Training reviews relevant Acas guidance on the Employment Rights Act 2025, dismissals and the Acas Code on a monthly basis and updates the content of this programme where appropriate.
Important: This programme provides practical workplace training and management development. It does not constitute legal advice or authorise individual managers to start formal action or make dismissal decisions outside organisational procedure. Human Resources or specialist legal advice should be obtained for individual cases.
Legal content last reviewed: September 2026