---
title: "Unfair Dismissal Law Changes: Key Employer Preparations Explained"
description: Learn how unfair dismissal reforms under the Employment Rights Act 2025 could affect UK employers, probation periods and workplace policies.
image: https://circleukgroup.co.uk/hubfs/Canva%20images/Blog%20Feature%20Image-Jun-23-2026-03-34-17-0281-PM.png
---

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 4 min read

# Unfair Dismissal Changes Explained: What Employers Should Prepare For

[![Picture of Benita Hajdas](https://circleukgroup.co.uk/hubfs/Canva%20images/CUKG%20Team%20Members-1.png) Benita Hajdas](https://circleukgroup.co.uk/safe-circle/author/benita-hajdas) :  Updated on June 25, 2026

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Unfair Dismissal Law Changes: Key Employer Preparations Explained

8:32

## How the Employment Rights Act 2025 Could Change Workplace Dismissal Rights

For many employers, dismissal remains one of the highest-risk areas of employment law. A poorly managed dismissal can lead to grievances, employment tribunal claims, reputational damage and significant legal costs.

[The Employment Rights Act 2025](https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act) introduces major reforms designed to strengthen employee protections and reshape how employers manage dismissals. One of the most significant changes is the planned reduction of the qualifying period for unfair dismissal protection, giving employees access to rights much earlier in their employment.

For employers, this could increase the importance of recruitment decisions, probationary processes, performance management and workplace documentation. In this guide, we explain what is changing, what the reforms mean for employers and how organisations can prepare.

> This article forms part of our Employment Rights Act 2025 Employer Guide, covering the key workplace reforms affecting UK businesses between 2025 and 2027.

[**Read the Complete Guide →**](https://circleukgroup.co.uk/employment-rights-act-2025-employer-guide)

## What Is Unfair Dismissal?

Unfair dismissal occurs when an employee is dismissed without a fair reason or where the employer fails to follow a fair process. Employment tribunals will generally consider both the reason for dismissal and the steps taken by the employer before reaching a decision. Common fair reasons for dismissal may include misconduct, capability issues, redundancy, statutory restrictions or another substantial business reason. However, even where a potentially fair reason exists, employers must still demonstrate that the process followed was reasonable.

## What Are the Current Rules?

Under current legislation, most employees need two years of continuous service before they can bring an ordinary unfair dismissal claim. This qualifying period has traditionally provided employers with greater flexibility when managing new employees during their early years of employment. While employers must still comply with discrimination laws and other statutory protections, the two-year qualifying period has often been viewed as an important safeguard against unfair dismissal claims.

## What Is Changing Under the Employment Rights Act 2025?

The Government intends to significantly reduce the qualifying period for unfair dismissal protection. Current implementation plans suggest employees may gain unfair dismissal protection after a much shorter period of service, with six months widely expected to become the new threshold. This would represent one of the most significant changes to dismissal rights in recent decades.

> *![25](https://circleukgroup.co.uk/hs-fs/hubfs/25.png?width=75&height=75&name=25.png)“As a manager, I see this reform as a way to give workers greater job security while encouraging employers to embed fairer, more consistent workplace practices across their organisations.”*
> 
> *Benita Hajdas, General Manager at Circle UK Group*

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## Why Is the Government Making This Change?

The Government's position is that employees should not have to wait two years before gaining meaningful protection against unfair dismissal. Supporters of the reform argue that workers should have access to legal protections much earlier in their employment relationship. The wider Employment Rights Act programme focuses on increasing workplace security, strengthening employee rights and promoting fair treatment across the labour market.

## What Does This Mean for Employers?

The practical impact could be significant.

Employers may need to place greater emphasis on recruitment quality, induction processes and performance management during the first months of employment.

The period during which employees can be dismissed with relatively limited unfair dismissal risk will become much shorter.

As a result, organisations may need to strengthen:

- Recruitment procedures
- Probationary reviews
- Performance management processes
- Workplace investigations
- Record keeping
- Manager training
- Employee communications

Businesses that already follow good people management practices are likely to adapt more easily.

## Why Probationary Periods Will Become More Important

Many employers are expected to place greater focus on probationary periods once the reforms take effect.

A well-managed probation process allows employers to assess performance, conduct, capability and suitability before unfair dismissal protections become available. Regular review meetings, documented feedback and clear performance expectations may become increasingly important. Managers should ensure concerns are identified and addressed early rather than waiting until issues become more difficult to manage.

## Why Documentation Matters

As with many employment law reforms, documentation will play a critical role.

Employers should maintain clear records of:

- Recruitment decisions
- Probation reviews
- Performance discussions
- Training provided
- Workplace concerns
- Investigation outcomes
- Disciplinary actions

Accurate records help demonstrate fairness and support decision making if disputes arise.

## Which Businesses Could Be Most Affected?

The changes will affect employers across all sectors.

However, businesses with larger workforces, higher employee turnover or operationally demanding environments may experience greater exposure.

This may include:

Construction companies managing large project teams, warehousing and logistics operations employing shift-based workforces, security providers recruiting officers across multiple sites, hospitality businesses experiencing seasonal turnover and retail organisations managing customer-facing teams.

For these sectors, strong onboarding and management practices will become even more important.

## How Should Employers Prepare?

Although implementation is expected during 2027, preparation should begin well in advance. Employers should review recruitment procedures, probationary policies and performance management frameworks. Managers should understand how to document concerns, deliver feedback and handle workplace issues consistently. Organisations should also assess whether current policies remain suitable for a workplace environment where employees gain unfair dismissal protection much sooner.

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### #faqs

## Frequently Asked Questions

 Have Question? We are here to help

###### What is unfair dismissal?

Unfair dismissal occurs when an employee is dismissed without a fair reason or where a fair process is not followed.

###### What is changing under the Employment Rights Act 2025?

The Government plans to reduce the qualifying period for unfair dismissal protection, giving employees access to rights much earlier in their employment.

###### When will the changes take effect?

Current Government plans indicate implementation during 2027, subject to final legislation and consultation outcomes.

###### Will employers still be able to dismiss employees?

Yes. Employers will still be able to dismiss employees where there is a fair reason and a fair process is followed.

###### What should employers do now?

Review probationary procedures, strengthen performance management processes and ensure managers receive appropriate training.

#### Sources & Further Reading

This article is based on guidance and implementation plans published by the UK Government and ACAS.

UK Government – Employment Rights Act Implementation Roadmap

[https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act](https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act)

UK Government – Employment Rights Act Factsheets

[https://www.gov.uk/government/publications/employment-rights-bill-factsheets](https://www.gov.uk/government/publications/employment-rights-bill-factsheets)

ACAS – Discipline and Grievance Guidance

[https://www.acas.org.uk/discipline-and-grievances](https://www.acas.org.uk/discipline-and-grievances)

#### Important Notice

The information in this article is intended as general guidance for employers and managers. It should not be relied upon as legal advice. Employment law is subject to change, and the application of legislation may vary depending on individual circumstances.

If you are unsure how the Employment Rights Act 2025 may affect your organisation, we recommend seeking appropriate legal or professional advice.

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