Don’t wait for the legislation to change, take action now
Joanna Rose · Posted on: April 17th 2026 · read
January 2027 and the changes in unfair dismissal protection due to kick in may feel like it’s a distant problem, but the clock is already ticking.
Currently employers still have flexibility to manage under performance in the early months, but that breathing space is about to disappear.
Once unfair dismissal protection kicks in a performance issue that could have been handled quickly and quietly may turn in to a high risk, lengthy process. Waiting it out or hoping performance improves is no longer an option for employers.
However, the upcoming change to unfair dismissal rules in January 2027 significantly change the dynamic. If your employee remains with the business whilst performance is being managed, then on 1 January 2027 they will qualify for Unfair Dismissal protection.
If performance issues are not managed proactively and effectively you may lose the opportunity to exit employment with reduced risks. Any dismissal which occurs after 1 January 2027 is going to require a full and fair process even for relatively short serving employees. The margin therefore for informal or lightly managed processes significantly reduces.
Waiting until 1 January 2027 to tighten up performance management during probation is not an option. Where there are clear performance concerns in early employment it has become even more important to ensure that you act promptly when managing performance in probation.
Updating your probation process to ensure that individuals are met with on a frequent basis to discuss performance and identify methods and ways of improvement is essential. Now is the time to ensure that your managers and those involved in performance during probation are trained to identify issues, outline key methods of achievement and give additional training as required.
It isn’t enough to have a conversation with an individual. Performance reviews during probation, and ongoing, should be clearly documented so that both parties are clear on the expectations. If an individual continues to underperform don’t “kick the can” down the road; act in a timely fashion and make appropriate decisions sooner rather than later.
If you need support with training managers, guidance with your existing probation process or would like to implement a new process HR Solutions can support you with advice and appropriate documentation to help manage a fair and legal process.
