How will the new unfair dismissal rules interact with probation periods?

The Act reduces the qualifying period for ordinary unfair dismissal from two years to six months. It does not abolish probation periods, and employers will continue to be able to use them to assess whether a new employee is suitable for the role. 

Employees will not normally be able to bring an ordinary unfair dismissal claim until they have completed six months' continuous employment. However, employers should ensure probationary processes are fair, consistent and properly documented. Other day-one employment protections, such as those relating to discrimination and automatically unfair dismissal, continue to apply throughout probation. 

Employers may choose to align contractual probation periods with the new six-month qualifying period, although there is no legal requirement to do so. Probation periods can still be longer or shorter depending on the role. 

What this means for union reps 

• Probation periods are not being abolished, and employers will still be able to use them to assess new employees. 
• Most employees will gain ordinary unfair dismissal protection after six months' service, rather than two years. 
• Reps should remember that important day-one rights, such as protection from discrimination and automatically unfair dismissal, continue to apply during probation. 
• Reps may increasingly be asked to support members approaching or reaching the six-month qualifying period, particularly where concerns arise about the fairness of dismissal or probation procedures.