UK employment-law guide
Day-one unfair dismissal rights: what small employers must change
Unfair-dismissal protection no longer waits for two years’ service — from April 2026 it applies from day one, so probation and dismissal now need a fair, documented process from the start.
- The two-year qualifying period for unfair dismissal is gone — protection starts on day one.
- Probation still works, but only with clear objectives, a real review and a documented, fair process.
- Dismissals during an initial period still need a fair reason and a paper trail.
- WardHR’s probation and disciplinary Cases keep a defensible, cited timeline with sign-offs.
Common questions
Can I still dismiss someone during probation?
Yes — but from April 2026 you need a fair reason and a fair, documented process from day one, because unfair-dismissal protection no longer waits for two years’ service.
What should a compliant probation process look like?
Set clear objectives at the start, hold a genuine review meeting, give the employee a chance to respond, decide with a fair reason, and confirm the outcome in writing — keeping records at every step.
What records protect a small employer at tribunal?
A dated timeline of objectives, meetings, feedback and letters. Contemporaneous, signed-off records are the strongest evidence a process was fair.
Get this right automatically
WardHR computes the figures from current UK statutory rates, keeps a signed, retained record, and grounds every answer in cited law. It’s provided through your insurer or accountant — start free.
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General guidance, not legal advice — the employer remains responsible. WardHR assists against current UK law.