Probation periods under the 2027 rules: can you still dismiss?

Can I still dismiss someone during probation in 2027?

Yes. Probation periods remain entirely lawful, and dismissing someone who genuinely isn't right for the role remains a normal part of managing a business. What changes on 1 January 2027 is the consequence of getting it wrong. Under the old rule, an employee needed 2 years' service to claim ordinary unfair dismissal - so almost every probation dismissal happened in a claim-free zone. Under the new rule, the zone shrinks to 6 months, and the cap on the compensatory award is removed at the same time.

Two timing details matter. First, the rule bites on the dismissal's effective date of termination - so a probation dismissal decided in December 2026 but taking effect in January 2027 falls under the new rule, notice period included. Second, service already banked counts: someone hired in July 2026 has protection the moment the rule lands.

Do the new rules change probation periods themselves?

No. A statutory probation period was discussed during the reform process, but none is being introduced. Probation stays what it has always been in UK law: a contractual arrangement. Its length, whether it can be extended, what notice applies during it, and what "passing" means are all set by your employment contract - not by statute.

Why does the 6-month rule change how probation works?

Because most probation periods are 3 or 6 months - and 6-month probations, with an extension or a drifting decision, routinely end after 6 months' service. From 2027 that final decision lands inside protected territory. The fix isn't legal cleverness; it's running probation properly from week one, so the record shows a fair process whichever side of the line the decision falls. A sensible rhythm:

Notice what this rhythm produces as a by-product: if you do need to dismiss, you already hold written objectives, honest feedback, an improvement plan and evidence of support. That is roughly what a tribunal means by a fair capability process.

What does a fair probation review meeting look like?

You don't need a script, but you do need a shape. A probation review that would survive scrutiny runs something like this:

• Before: invite the employee in writing, say it's a probation review, and share any concerns in advance - nobody should hear a problem for the first time in the meeting that decides their job.
• Open: restate the objectives set at the start and how the role has actually gone against each one.
• Evidence: walk through specifics - examples, dates, work produced - not impressions. Invite their side and genuinely listen; sometimes the story changes the picture.
• Support: record what training, coaching or adjustments have been offered, and ask what else would help.
• Outcome: confirm, extend, or move to dismissal - and whatever the outcome, confirm it in writing with the reasons. If dismissing, give the contractual (and at least statutory) notice and consider offering an appeal.

One caution that predates 2027 and survives it: discrimination and automatically unfair reasons have never had a qualifying period. A probation dismissal that touches pregnancy, disability, whistleblowing or asserting a statutory right was risky at 2 years and remains risky at 6 months. If a health issue is part of the performance picture, slow down and take advice.

Should we shorten probation - or extend it?

Aim to make the decision comfortably before 6 months' service, notice period included - that keeps a genuine failed-probation dismissal on the simpler side of the line. Extensions are still allowed if the contract provides for them, but from 2027 an extension past 6 months doesn't buy back the old freedom: it just means the eventual decision needs the full fair process above. Extend to give someone a real second chance, not to postpone a decision you've already made.

While you're updating contracts and policies for this, fold in the other 2026 changes - the paternity leave day-one right and day-one unpaid parental leave - and check your numbers against our statutory rates 2026-27 reference. Our HR templates include letters you can adapt for reviews and outcomes.

How CoDash handles probation

CoDash keeps every probation date on the record and prompts the manager before each review is due, so decisions happen on time instead of drifting past month six. Review notes, objectives and 1:1s live against the person, and the ER trail keeps outcome letters and case history in one place - exactly the documentation a 6-month unfair-dismissal world demands. See the product.

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